Who Gets Arrested in a Domestic Violence Police Call?

If you are currently in an abusive relationship of any kind in Indiana, please visit The Indiana Coalition Against Domestic Violence to get the help and support you deserve.

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Domestic violence, also called domestic battery, is a crime that is defined in Indiana Code § 35-42-2-1.3 as any act of causing physical injury through intentionally touching to a current or former spouse. Domestic battery charges are serious, and can result in a Class A Misdemeanor or Level 6 Felony, depending on the severity and details of the crime, as well as the criminal history of the defendant. It also comes with a wide variety of legal penalties, including jail time, probation, protection orders,
child custody orders, intervention courses,
fines, fees, and much more.

If convicted of a Class A Misdemeanor, a person faces up to 1 year in jail, up to $5,000 in fines, and other court-ordered penalties like probation and intervention classes. A Level 6 Felony may render up to 3 years in prison and up to $10,000 in fines. You must retain the services of an experienced Indiana criminal defense lawyer for any chance at avoiding the maximum penalties handed down for domestic violence crimes.

What Constitutes a Spouse?

In Indiana, in order to be defined as a “domestic” battery charge, the two individuals involved must meet at least one of the following requirements:

• Spouse
• Ex-Spouse
• Share a Child
• Living Together as Spouses
• Used to Live Together as Spouses

Spouses are not just married and divorced couples in the eyes of the law. There are several factors that qualify a person as a “spouse” in a domestic battery case. Courts are obligated to consider these factors in order to determine whether or not two people are, or were, spouses.

They will consider the length of the relationship and the frequency of contact, as well as, whether or not they are financially interdependent, if they are raising children together, if they engage in activities or behaviors toward maintaining a common household, and more. If the two people are indeed considered spouses or former spouses, then it would be a domestic charge. But if a person is not a spouse in any regard, then the criminal charge would be a regular battery charge.

Who Gets Arrested at the Scene?

Many times, domestic violence calls are not made by the victims and abusers, but rather the neighbors and onlookers that call to notify police of a problem. In these cases, many people might wonder who, if anyone, will be arrested on a domestic violence police call. What if both individuals accuse the other person of battery? What if both individuals assert that no violence occurred? On the other hand, many calls are made by the victims, themselves. In these cases, who gets arrested? Will it be the accuser or the accused? Or both?

Many states have mandatory arrest policies for domestic violence calls. But in Indiana, it is up to the discretion of the responding police officers to determine if arrests need to be made. Depending on the circumstances at the scene, police may arrest one or both parties. If a cop is on the cautious side, they may make an arrest even for a simple argument between couples. If police believe that no assault occurred, it is possible that no one is arrested, but they may still follow procedures on making sure no further violence or dispute takes place. They do this by separating the two parties. It is common for an officer to politely assist one person in collecting some personal belongings and then escorting them to a safe place, such as a friend or relative’s house.

Accused of Domestic Violence in Indiana?

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested on a domestic battery charge in Indiana. He is an experienced and aggressive Indianapolis criminal defense attorney who will work hard to protect your rights and preserve your freedoms. We offer free initial consultations to discuss the best strategy for your defense. Call 317-636-7514 to get started today.

Can I Tape Record an On-Duty Police Officer?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

A Fake ID Charge is More Serious Than You Think

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is that time of year when students bring their summer vacation to a close, and return to campus for another semester of school. One of the most common criminal charges that college students are arrested for, especially during back-to-school time, is using false identification to purchase alcohol or gain access into bars and night clubs. Although this is such a common offense among young adults under the legal drinking age, it is no less serious. In fact, the consequences of using a fake I.D. can be life-long, and affect a student’s reputation far after they graduate college.

The damaging effects of a fake I.D. charge on a person’s criminal record are reality, which is why it is critical to retain an experienced criminal defense attorney if you or someone you love is facing false identification charges. Continue reading to learn about the potential effects these kinds of charges can have on your life, and
what to expect when faced with them.

What to Expect From False ID Charges

You may wonder who would really care about a fake ID charge on your criminal record. After all, it seems like such a forgivable offense, right? Unfortunately, this notion is far from right. There are people and organizations that WILL care about a false identification charge on your criminal record. These mostly include the government and potential employers. Being arrested with, or for using, a fake ID makes a person look dishonest and untrustworthy to future employers and government organizations.

For instance, if you wanted to pursue a career in finance or other high-security field (engineering, intelligence, technology, etc.), this type of criminal charge could put you out of the running when up against other potential candidates for the job you want. At the same time, the government would view this criminal charge as a breach of trust, which can make it more difficult to get security clearances or obtain licenses. It can also impact an international student’s F1 Visa.

Actual Charges

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the state they committed the crime in. Some states charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more. On the other hand, prosecutors have the jurisdiction to charge offenders with more serious offenses in the case of a fake ID arrest, including misdemeanor deception or felony forgery.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 if you or a loved one was arrested for using a fake ID in Indiana. He will stop at nothing to protect your rights and preserve your freedoms. Our Indianapolis criminal defense law firm offers free initial consultations to discuss the options for your case. Call 317-636-7514 to schedule an appointment with Indianapolis defense lawyer, David E. Lewis, today.

The Laws Surrounding Graffiti Crimes in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.