When you hear the phrase “common nuisance,” you might think it applies to that house a half a block away with the peeling paint, unattended shrubbery, decaying garden shed, and the old car that’s been sitting up on blocks for the past few years. And while you might be right in terms of what normal people think a common nuisance is, for criminal lawyers – and Indiana law – a common nuisance is something very different.
In fact, under the Indiana criminal law definition, if you maintain a “common nuisance,” you can be convicted of a Level 6 felony.
So, What is a Common Nuisance?
Essentially, a “common nuisance” under Indiana criminal law is any place – including a building or a car – where one of any number of specified criminal activities takes place. These activities include:
- Illegal alcohol sales
- The use, storage, manufacture, delivery, or sale of illegal drugs or drug paraphernalia
- Financing an illegal drug enterprise
- Human trafficking, including paying for a human trafficking victim to perform “an act”
Someone who visits a “common nuisance” knowing the kind of illegal activity that is being used for can be convicted of a misdemeanor or even a felony if they are with someone under the age of 18 when they are there.
But the person who “knowingly or intentionally maintains a common nuisance” commits the crime of “maintaining a common nuisance.” That’s a Level 6 felony.
Defenses to Maintaining a Common Nuisance
Indiana law does include some specific defenses to a charge of maintaining a common nuisance. However, they are limited in scope. They apply in situations where relatively small amounts of certain types of drugs are found in the structure or vehicle. In particular, less than:
- 30 grams of marijuana
- 5 grams of hashish
as well as drug paraphernalia designed for use with marijuana, hashish, and similar substances. This defense does not apply, however, if the person charged with the crime has a prior unrelated conviction for maintaining a common nuisance.
Razumich & Associates Can Defend You Against Common Nuisance Charges
If you have been charged with any type of common nuisance charge, you need a strong defense if you want to avoid having a criminal record. Razumich & Associates are here to provide that defense. We are experienced criminal defense attorneys who have helped clients all across Indiana who have been charged with all types of crimes.
We know the laws and court procedures that apply in these kinds of cases, and we also know how prosecutors and judges think. Our attorneys will fight for you to protect your rights and to defend you against the allegations you’re facing.
For a free case evaluation, call us at 317-983-5333 or submit our contact form so we can get in touch.
