How Your Criminal Record Can Impact a Murder Charge in Indiana

Posted on July 20, 2025
  • Violent Crimes

    • If you are under suspicion for murder or have been arrested, your prior criminal record could affect your case in many ways, including the following:

    Whether You’re Charged

    Law enforcement may be more likely to believe that you committed a serious crime of this nature if you have a criminal history involving other violent or serious offenses. This may make them more likely to charge you. For this reason (and others), you should not speak to law enforcement if they want to question you in connection with the murder. Instead, contact an experienced murder defense lawyer in Indiana.

    Bail Considerations

    Under Indiana Supreme Court Rule 26 , courts must use the results of an evidence-based risk assessment approved by the Indiana Office of Court Services when determining whether an arrestee presents a substantial risk of flight or danger to themselves or others that would justify denying bail. However, in murder cases, the court can deny bail entirely. 

    Still, if bail is on the table, courts consider the results of the risk assessment completed by probation officers. They consider the defendant’s prior criminal history, as well as other factors such as:

    • Your ties to the community
    • Your family relationships
    • Your mental condition
    • Your habits
    • Your reputation

    An experienced criminal defense lawyer can make arguments for a bail release when plausible.

    Trial Effect

    During the trial, it’s possible that your prior criminal history could be brought up. However, this depends on the particular circumstances. For example, sometimes, bringing up a criminal record is more prejudicial than probative, and a judge may rule that this information should not be shared with the jury. 

    However, in other circumstances, this information could be brought up, such as if the prior criminal act shows a pattern of conduct or if there is testimony that you are a peaceful person and the prosecution wants to contest that. Also, convictions related to a witness’ honesty can be brought up since all witnesses must be assessed for their truthfulness.

    Sentencing 

    A prior criminal history can also affect sentencing. In Indiana, a murder conviction can result in 45 to 65 years with an advisory sentence of 55 years. However, judges have discretion on sentencing, so the judge may order a harsher sentence if you have a criminal history or even order you to death or life imprisonment without the possibility of parole. 

    Contact Us Today for a Confidential Consultation

    Facing murder charges and the possibility of the death sentence can be terrifying. An experienced Indiana criminal defense lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC can meet with you and confidentially discuss your case during a free case review. Our attorneys have over 110 years of combined legal experienced in criminal defense and use a collaborative approach, so you benefit from the collective skills, experience, and resources of our elite legal team. Call us at (317) 678-9853 for your confidential consultation.