What to do if I was recently arrested for criminal recklessness with a firearm at an apartment complex?

I had been drinking and my friends were right outside the apartment door. I hadn’t seen them in a while and I had recently purchased a firearm. I didn’t think anything of it taking it out there to show my friend. I guess someone had been outside and thought we were fighting and called the cops. They show up my friends had smoked weed but not myself so I answered the door after a few knocks. He explained something about a firearm and now he could smell weed. I explained to him what I did and that I had removed the clip and checked the slide to make sure it was unloaded. I gave him my permit and then grabbed the bag with the gun in it as he asked.

Asked on September 20, 2013 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I would get legal help as soon as you can.  It is my understanding that this is a Class D Felony in the state of Indiana under the Battery offenses.  The reason I say to get a lawyer - besides the obvious - is that if the elements that make up the charge are not present then you have a defense.  Have your friend available to testify.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I would get legal help as soon as you can.  It is my understanding that this is a Class D Felony in the state of Indiana under the Battery offenses.  The reason I say to get a lawyer - besides the obvious - is that if the elements that make up the charge are not present then you have a defense.  Have your friend available to testify.


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