Indiana, on the other hand, has only one murder statute, unlike other states. However, Indiana does have separate manslaughter laws for "voluntary manslaughter" ("heat of passion murder") and "involuntary manslaughter" (an accidental killing). The penalties for murder in Indiana are based on the circumstances of the crime, including the age of the defendant and victim and how the victim was murdered.

What is Murder in State of Indiana? 

     Indiana Code Section 35-42-1-1 states that a person commits Murder if a person:

  1. Intentionally kills another human being

  2. Kills another person while committing or attempting to commit 

  3. Intentionally kills a fetus that has attained viability

Penalties of Murder in Indiana? 

Murder in Indiana can be punished in the following ways: 

  1. The death penalty,

  2. life imprisonment without the possibility of parole,

  3. Imprisonment for a jail sentence between 45 -65 years and a fine of up to $10,000.

Can jail time be suspended if convicted of murder? 

Although Indiana law permits the suspension of any part of a sentence in most cases, for murder, the court may only suspend the sentence that is beyond the minimum of 45 years.


What Defenses do people have to being charged with Murder? 
Many defenses may apply to a murder case. Some defenses, such as innocence, lead to a not guilty verdict, if believed by the court. Other defenses, including self-defense or intoxication, can be partial defenses, meaning they may only reduce the crime to manslaughter or are mitigating factors to consider at sentencing.


Common murder defenses include:
•    Innocence
•    Lack of intent
•    Lack of knowledge
•    Insanity
•    Intoxication
•    Self-defense

Call Attorney Fontanez today if you are or will be charged with murder so that we can discuss your defense in detail.