Is an Accidental Shooting Still a Crime? Indiana Laws on Reckless Homicide
If someone is accidentally shot, you might think that there shouldn’t be any criminal penalties because the person didn’t intend to shoot someone else. However, crimes are very precisely defined in Indiana, so what you might not see as a criminally culpable matter, lawmakers might.
Understanding reckless homicide is integral to defending against charges involving accidental shootings. Our Indianapolis gun crimes lawyer at The Criminal Defense Team of Baldwin Perry & Wiley P.C.
How Criminal Charges Are Defined
Most crimes consist of an actus reus and a mens rea. These are antiquated Latin terms meaning a physical act and mental state, respectively. For example,
Legal Definition of Reckless Homicide
Most crimes consist of an actus reus and a mens rea. These are antiquated Latin terms meaning a physical act and mental state, respectively.
For example, the crime of reckless driving in Indiana is defined, in part, as occurring when a person who operates a vehicle and recklessly drives at such an unreasonably high or low rate of speed under the circumstances to endanger the safety or the property of others.
The actus reus here is the act of operating a vehicle while the mens rea is recklessly doing so.
How Reckless Is Interpreted
The term reckless generally means that someone did something knowing that their behavior was risky and could harm or with disregard to this fact.
What Is Reckless Homicide?
Indiana law defines reckless homicide as recklessly killing another human being. This crime is a Level 5 felony, punishable by up to one to six years in prison and a fine of up to $10,000.
Is an Accidental Shooting Reckless Homicide?
An accidental shooting might or might not be reckless homicide. If no one died, there is no homicide. Additionally, if the defendant did not act recklessly, they did not commit a reckless homicide.
However, if a person grabbed a gun and pulled the trigger, not caring if anyone else was around, their behavior could be considered reckless homicide even if they did not intend to cause the death. A careful analysis of the facts would be necessary in charging and defending a person in this situation.
What Is Criminal Recklessness?
Another Indiana law that could come into play in cases involving accidental shootings is criminal recklessness. This crime occurs when a person “recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person.”
This crime is generally classified as a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.
Contact The Criminal Defense Team for Assistance with Your Case
Whether you’re facing charges for reckless homicide, criminal reckless, or other criminal charges stemming from an accidental shooting, Our board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC can help.
Let us put more than a century of legal experience to work to determine the best defenses to raise in your case. Call us today at (317) 743-3295 to arrange a free consultation.