What is the Punishment for Resisting Arrest in Indiana?

Posted on December 30, 2021 by admin

After the holiday season, there are many things we are trying to resist in the New Year, like confectioneries, milkshakes, and pizza pies. But when it comes to being arrested, resisting is not something that will help you reach your goals, no matter what they may be. If you are ever confronted by the police, whether in a routine traffic stop, street stop, or home visit, it is critical to your future and your freedoms to cooperate with the authorities to the fullest extent. Failing to cooperate with the instructions or requests of law enforcement can subject you to charges of resisting arrest. There are hefty penalties for such charges upon a guilty conviction, including fines and possible jail time.

Continue reading to learn what they are, plus what you need to do right away if you were just released on bond for a resisting arrest charge in Indiana.

Resisting Arrest Attorneys Indianapolis IN 317-636-7514

What is Resisting an Arrest?

You are guilty of resisting an arrest by law enforcement officials when you knowingly or intentionally use force to resist an arrest or interfere with a police officer while they are legally performing their official duties. A person can be charged with resisting an arrest if they behave this way toward a person who is assisting a police officer too.

Other forms of resisting arrest include:

By force, resisting or interfering with official court services or authorized criminal processes. An example of this would be resisting a search warrant being executed by police or disrupting someone being served with legal documents.

Running away from law enforcement after a police officer identifies themselves and orders the person to stop for questioning. Cops can legally identify themselves to citizens audibly, visibly, or by turning on their emergency lights and sirens.

Resisting Arrest Laws in Indiana

The laws surrounding the act of resisting law enforcement is found in Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1. Upon a guilty verdict, defendants may face several types of court-ordered penalties, including fines, community service, classroom education, rehabilitation, probation, ankle monitoring, and jail time.

The crime of resisting arrest is charged differently depending on the details and circumstances of the incident. Charges range anywhere between a Class A Misdemeanor to a Level 2 Felony.

Class A Misdemeanor:
Fines up to $5,000
Jail up to 1 Year

Level 2 Felony:
Fines up to $10,000
Jail up to 30 Years (Advisory Sentence of 17.5 Years)

Related Crimes One Might Be Charged With:

▶ Disarming a Law Enforcement Officer
▶ Refusal to Aid an Officer
▶ Escaping Law Enforcement

Because legalese is very complicated to comprehend, it is important to consult with a licensed criminal defense lawyer in Indianapolis to ensure you are fully educated on whatever charges you are facing in Indiana currently.

Are you looking for qualified criminal defense that can reduce or dismiss your resisting arrest charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

4 Ways Prank Calling Can Get You Arrested in Indiana

Posted on September 10, 2021 by admin

Most of us have pranked called a person or place of business once or twice during our childhood and adolescence. What seems like an innocent right of passage for a lot of kids and teens at sleepovers and birthday parties can actually get you in trouble with the law if you take it too far.

Continue reading to learn the top 4 ways prank calling can get you arrested in Indiana, and where to find the best juvenile criminal defense in Indianapolis.

Harassment Lawyer Indianapolis IN 317-636-7514

Harassment Laws in Indiana

The most likely criminal charge for prank calling is harassment, which can lie on a wide spectrum from minor to severe. Other possible criminal charges, depending on the particular jurisdiction, may include wiretapping, disorderly conduct, and even hate crime.

❶ Harassment – If you are prank calling a person or location in excess, whether every day or consecutively in one day, you could be charged with harassment. This is especially true for threatening or vulgar prank calls.

❷ Wiretapping – Wiretapping is the crime of recording phone conversations without the other person’s consent. Wiretapping is considered a serious offense in Indiana, and such exploitation can be charged as a felony in certain cases.

❸ Disorderly Conduct – Excessive or aggressive prank calling can also be deemed as disorderly conduct in the eyes of the law. The boundaries in which this criminal charge applies differs among Indiana jurisdictions, but in all cases, it can pose a penalty of fines and jail time.

❹ Hate Crimes – If prank calling involves the intentional targeting and harassing of a particular race, religion, or nationality, it can possibly be viewed as a hate crime and charged as such.

What Will Happen if You are Caught Committing Any of These Prank Call Offenses

In the case that your prank calls have crossed a line into illegal activity, one of two things will happen: an officer will show up at your location and physically arrest you, or you will be indicted, and a warrant will be issued for your arrest.

How to Protect Your Rights After Being Charged With a Crime in Indianapolis

A skilled Indianapolis IN defense lawyer can help you avoid the maximum penalties for your criminal charges including the most feared, jail time. Not only can jail cause you to lose time with your family and loved ones, but it also forces you to miss work, which can greatly jeopardize your employment and income.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. We represent clients all throughout the state of Indiana.

You Should Also Read:

Can a Cop Arrest a Kid?
Important Laws That Pertain to Parents of Teenagers
FAQs About Juvenile Criminal Law

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Can I Be Arrested for Prank Calling?

Posted on December 15, 2020 by admin

Most Americans have gleeful childhood memories of prank calling neighbors and friends during sleep overs. But have you ever thought about how this seemingly innocent practical joke can lead to real life legal troubles? Generally, children and adolescents who make prank calls are not likely to get in trouble with the law. However, there are some forms of prank calling that could be considered illegal. Whether as a concerned teen who thinks they took a call too far, or a parent who knows their kids enjoy this common, juvenile pastime, it important to be knowledgeable on all possible consequences.

Continue reading to learn when prank calling crosses the line, and can get you or your child arrested or indicted on criminal charges.

Indiana Disorderly Conduct Lawyer 317-636-7514

When Prank Calling Goes Too Far

Prank calling, as mentioned, is a common and generally innocent juvenile pastime. In most cases, such calls are perfectly harmless, and in worse case scenarios, really only cause frustration and confusion on the other end of the connection. But there are times when certain types of calling can cross the line into illegal activity. In the case of going too far or crossing the line, the potential types of crimes a prank caller could be charged with include harassment, disorderly conduct, hate crimes, or wiretapping.

Possible Prank Call Criminal Charges

❖ Harassment – The crime of harassment sits on a wide spectrum. When it comes to prank calling specifically, the act can turn into harassment if the calls are persistent, such as consecutive calls in a short period of time or calling every day. They can also be considered harassing if a prank caller is repeatedly calling to make threats.

❖ Disordering Conduct – Many states, including Indiana, consider making abusive, threatening, or offensive language a form of disorderly conduct, which is an illegal act. Being verbally abusive on a prank call can be against the law, and lead to the arrest of a prank caller if the person being pranked feels threatened or suffers damages like mental trauma or anxiety attacks.

❖ Hate Crimes – When prank calling is about abusing a person or family based on their gender, race, ethnicity, religious beliefs, vocation, sexual orientation, or any other characteristic of their life, it can be deemed a hate crime. Hate crimes are illegal, and will be investigated and penalized according to law.

❖ Wiretapping – If a prank caller records the conversation without the person’s consent, it can be considered wiretapping. Many states decree wiretapping as against the law, so if caught, a prank caller could face legal penalties, whether the person called presses charges or not.

Where to Get Criminal Defense for Your Harassment Charges in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms after being charged with harassment or disorderly conduct in Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Common Arrests That Happen on Halloween and How to Avoid Them

Posted on October 28, 2020 by admin

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

Indianapolis Criminal Defense Law Firm 317-636-7514

The Most Common Types of Halloween Arrests

► Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.

► Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

► Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

► Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween 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.

Is it Illegal to Insult a Cop?

Posted on August 4, 2020 by admin

If a person insults a police officer, can they be cited, detained, arrested, or charged with a crime? Continue reading to find out what might happen after insulting a cop to their face in Indiana.

Indianapolis Disorderly Conduct Attorney 317-636-7514

What Happens After Insulting a Police Officer

Would you dare insult a cop? Flip them off, call them pigs, or even scold obscenities that can be construed as threats of violence? Well, we hope you would not, because it can in fact get you in trouble, depending on certain factors, and of course, how thick skinned or tolerant the cops are. So, although it is not technically illegal to insult a cop, there are some circumstances in which certain kinds of insulting remarks or behaviors can land a person in court.

The Middle Finger

The middle finger has been a long-known pejorative gesture that is meant to imply insult. By flipping the bird to a police officer, you are not breaking the law. You are, however, putting yourself in the spotlight. Cops might decide that your vulgar attitude and bold behavior are indicative of public intoxication, disorderly conduct, suspicious behavior, or something else they can stop you and question you about.

Slurs and Name Calling

Calling a cop a name, such as pig, rent-a-cop, or curse word, or ridiculing their authority, is also not considered criminal activity worthy of an arrest and conviction. In fact, there have been several instances in which local and state laws have been struck down in court; laws that allowed cops to arrest someone for “verbally challenging” them with insults just like these. However, insulting a cop with vulgar name calling or deriding their authority can provoke them, and lead to you being stopped and questioned. Although it might not end in an arrest, it will take a lot of time out of your day, and being in the hot seat is very uncomfortable. Furthermore, if you are combative or uncooperative, the cops can arrest you for disorderly conduct. So, be careful starting a fight with a cop because they almost always win, at least until court.

Fighting Words

As for more severe insults, like the F-bomb and similar aggressive insults, these can be deemed verbal challenges, or “fighting words”, which can lead to an arrest for disturbing the peace or threatening a police officer. For example, telling a cop “F-YOU” is considered violence-inciting.

Call an Indiana Criminal Defense Lawyer if You Get in Trouble With Cops

If you get in trouble with the cops for disorderly conduct or disturbing the peace, you need a licensed Indianapolis criminal defense lawyer working on your case right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Category Archives: Disorderly Conduct