Legal Question in Criminal Law in Indiana

Criminal recklessness, what kind of felony and could be the sentence?

I know a woman who accidently hit her adult child with her car and now the child has a broken back and will be in a wheelchair for the rest of her life. The mother is now being charged with criminal recklessness. The mother was trying to get herself and her other child away from her daughter because the daughter who was hit was trying to fight her mother and her sister. When the mother and her other child were in the car and trying to leave, the now injured daughter opened the car door and was hit by the door and knocked back into a tree. Everyone in the family is afraid that the mother will go to jail. I have heard that this crime is considered a class a felony. Is this true and if so what could be the sentence for the mother.


Asked on 9/29/04, 12:25 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Criminal recklessness, what kind of felony and could be the sentence?

Based on the facts given, it could well indeed be a felony. This coul be a "d" or even a "C" felony.

If a D, the sentence carries with it a presumptive of 1 1/2 years. While it could be suspended the range could be 6 mos to three years.

If a C, there is a two year minimum. However, the fixed term is 4 years with a range which could reach 8 total.

There could be different options presented as to serving time, but this depends on other factors in the case which I do not have and could not speculate on.

Read more
Answered on 9/29/04, 1:25 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana