Understanding the Criminal Justice System
Indiana Code Section 35-44.1-2-14 makes it a crime to encroach on an investigation unlawfully. Under the law, a person can be charged with this crime if they “knowingly or intentionally approaches within twenty-five (25) feet of a law enforcement officer lawfully engaged in the execution of the law enforcement officer’s duties after the law enforcement officer has ordered the person to stop approaching commits unlawful encroachment on an investigation.”
The Law Explained
Whether you’re a citizen onlooker or a journalist, no one is exempt from the law. Generally, the public is permitted to observe and document law enforcement activities in public spaces under the First Amendment, but the law infringes on this right. Common examples of unlawful encroachment include:
Penalties for Unlawful Encroachment of an Investigation
Indiana’s law makes unlawful encroachment on an investigation a Class C misdemeanor. The penalties for a Class C misdemeanor, according to the Indiana Sentencing Guidelines, may include up to 60 days in jail and a fine of up to $500. You should also be aware that Class C misdemeanors in Indiana can also come up on routine background checks.
Your Rights and Defending Against Unlawful Encroachment Charges
The law has faced numerous legal challenges in court, but it has emerged stronger as a result. More and more citizens are facing these charges, so it’s essential to understand what the law requires and mount a vigorous defense when you’re facing charges. As a crime of intent, prosecutors must prove:
Razumich & Associates Can Defend You Against Unlawful Encroachment Charges
If you’ve been charged with unlawful encroachment on an investigation, contact Razumich & Associates. These cases often involve unclear instructions or overreach by officers. You need a defense team that knows how to challenge the evidence and protect your rights. Call us today at 317-449-8662 or use our online contact form to schedule a confidential consultation.
