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Gun Crimes
PROJECT SENTRY
Prosecutor Brizzi is targeting defendants who use guns in the commission of a crime, thanks to Project Sentry. The federal program has enabled Brizzi to hire a full-time handgun fingerprint expert for the Marion County Crime Lab. The evidence analyzed by the fingerprint expert is important, because if the defendant in possession of a handgun is found to be a convicted serious violent felon, then our office can file a separate B felony charge, which could tack on as much as 20 years to a prison sentence. Brizzi has also used the grand to hire a paralegal/statistician, who works with our full-time gun prosecutors.
GUN PROSECUTION SPECIALISTS
The Prosecutor's Office has trained deputy prosecutors who specialize in the investigation, screening and prosecution of felony gun cases. In many instances, they utilize the "Serious Violent Felon in Possession of a Gun" law. A person who has been convicted of certain violent or drug-related charges cannot possess a handgun. If they do, they are subject to as much as 20 more years in prison.
In turn, the prosecutors have sponsored training sessions to improve law enforcement's initial response and evidence collection in gases to ensure the filing of stricter charges and convictions at trial.
These deputy prosecutors also staff the newly-created Night Court, which handles all new D felony and misdemeanor gun cases.
DOMESTIC VIOLENCE AND GUNS
Indiana law (I. C. 35-47-4-6) prohibits domestic batterers from possessing guns, even in their homes. The law reads:
35-47-4-6. Possession of a firearm by a domestic batterer.
(a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 3-7-13-5 or IC 33-4-5-7.
The penalty for a Class A misdemeanor is a sentence of up to one year and/or a $5,000 fine.
The Prosecutor's Office continues to charge and vigorously prosecute anyone who violates this law.
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