Neglect of a Dependent in Indianapolis, IN
Neglect of a Dependent Charges in Indiana
Neglect of a dependent is a criminal offense in Indiana that can carry felony penalties and may also affect family and child-welfare proceedings.
Understanding Neglect of a Dependent Charge
According to Indiana Code 35-6-1-4, you can be charged with neglect of a dependent for knowingly and intentionally:
- Placing the dependent in a situation that endangers their life or health
- Abandoning or cruelly confining the dependent
- Depriving them of necessary support
- Depriving them of education as required by law.
Whether you are legally responsible for the dependent’s care or you voluntarily assumed their care, you can be charged with a Level 6 felony for any of these actions. A Level 6 felony is the least serious felony charge, but it still carries tough penalties. The charge can increase if aggravating factors are present.
Aggravating Factors that Increase Charges
If bodily injury occurred to the dependent, a charge can increase to a Level 5 felony. If serious bodily injury occurred, it is a Level 3 felony. Serious bodily injury is defined as an injury that “creates a substantial risk of death,” causes extreme pain, or results in permanent disfigurement, unconsciousness, loss of function in a body part, or loss of a fetus.
Additional aggravating factors that will increase charges include whether the crime happened where drug dealing or drug manufacturing was taking place. Or if the defendant was deprived of food, water, and bathroom facilities or was unlawfully restrained using handcuffs or rope, for example.
Neglect Resulting in Death
The most serious charge of all is neglect, resulting in death. This is a Level 1 felony. Neglect resulting in death can be charged if the accused was at least 18 years of age and the victim was under 14 years old or was a person of any age with a physical or mental disability.
Penalties for Neglect of a Dependent in Indiana
Penalties for neglect of a dependent in Indiana include significant time behind bars and expensive fines. There are also collateral consequences that result from these felony neglect crimes.
Possible Sentences if Convicted
Individuals convicted of neglect of a dependent face the following prison time:
- Level 6 felony: 6 months to 2 ½ years
- Level 5 felony: 1 year to 6 years
- Level 3 felony: 3 to 16 years
- Level 1 felony: 20 to 40 years
In addition to imprisonment, there is a fine of up to $10,000.
Collateral Consequences
While prison time is frightening to think about, you could also lose custody of your dependent children if you are found to have committed criminal felony neglect. You may be ordered not to have any contact with them at all.
Even if you are not charged with a crime but are investigated and found to be guilty of neglect in a civil CHINS case, your children may be taken from you and placed in foster care or with a relative, and you could eventually lose custody. You may also be made to reimburse the Department of Child Services for the money spent caring for the dependent.
Other collateral consequences, depending on the situation, include court-ordered:
- Family and rehabilitative counseling
- Anger management classes
- Drug and alcohol counseling
Defenses to Criminal Neglect Charges
Potential defenses to a neglect of a dependent charge depend on the specific facts, evidence, and legal issues in the case.
Safe Haven Law
Indiana’s Safe Haven Law protects individuals from arrest and prosecution who anonymously give up their unwanted infants who are less than 30 days old, as long as there are no signs of intentional abuse. Infants left anonymously in this manner are taken into custody by Child Protective Services.
Religious Beliefs
You have the right to make decisions about medical care for your dependents that are in line with your legitimate religious beliefs.
False Accusations
Sometimes, accusations of neglect are simply false. One parent may accuse the other because they are trying to get custody or prevent the other parent from spending time with the child. An individual may falsely accuse another party of neglecting a dependent because they are angry at them or wish to get revenge for some kind of perceived wrong. In some cases, the person bringing accusations may honestly (although wrongly) believe that neglect is occurring.
Child Neglect in Indiana FAQ’s.
How Can A Criminal Defense Lawyer Help Me?
A criminal defense attorney can review the evidence, identify applicable defenses, evaluate constitutional or evidentiary issues, advise the accused about available options, and represent the accused in negotiations or at trial.
Who Is Considered a Dependent?
Minor children who are not legally emancipated from their parents are dependents. Adults who are unable to care for themselves because of physical or mental disabilities are also dependents.
What If I Am Accused of Neglect but Didn’t Know I Was Being Neglectful?
Under the law, your neglectful actions must be “intentional and knowledgeable.” If you were honestly ignorant that the actions you are accused of amounted to neglect, we may be able to build a defense that you did not act intentionally and, thus, are not guilty of neglect of a dependent.
Potential Long-Term Consequences of a Neglect Conviction
Being convicted of felony dependent neglect can follow you for the rest of your life. In addition to potential prison time, you will have a criminal history on your record. A criminal record will follow you when you try to get a job, find housing, and apply for loans. You may also lose your children forever and damage your relationships with family and friends.