Will I Be Tried in State or Federal Court?

Posted on September 9, 2022 by admin

Are you facing criminal charges? It helps to know which court system you will be tried in before your initial hearing. State and federal court are the two primary court systems in which all other courts fit under. Between the two, there are several key differences that distinguish one court from the other. Continue reading to learn more.

Federal Court Lawyer Indianapolis Indiana 317-636-7514

State Court System Versus Federal Court System

Establishment

The first difference between the two justice systems is their source of establishment. State courts are established by the state or local government. Under state-established courts, local courts are also recognized by cities, counties, and additional municipalities. In contrast, federal court systems are nationally established by the United States Constitution. Under this establishment, the cases that are contested involve the U.S. Constitution, national offenses and laws passed by congress.

Jurisdiction

Another primary difference between the two court systems is jurisdiction, or authority to rule on a case. The types of cases the two courts are permitted to oversee depend on their particular jurisdiction, which can vary depending on several factors. State courts, for instance, have a broad range of jurisdiction, and generally hear numerous types of state-level infringements like traffic violations, minor drug possession, theft, breach of contracts, domestic violence, custody disputes, and various other types of state-level cases and misdemeanor offenses.

Federal courts, on the other hand, only hear cases that involve crimes in violation of the United States Constitution or laws passed by Congress. These are generally more serious cases and felony offenses, such as sex crimes, drug trafficking, white collar crimes, aggravated or violent crimes, bankruptcy, copyright or patent infringements, maritime law cases, and lawsuits against the United States. Federal authority applies to the entire nation, including all 50 states and the District of Columbia, as well as the U.S. territories.

State courts are not allowed to rule on federal-level cases. However, although it is rare, it is possible for both court systems to have jurisdiction in a case. Similarly, federal courts may be permitted to rule on cases involving state laws if the dispute is about a state law potentially violating the Constitution.

Here is an example to better understand which crimes will fall under which category:

If a person robs a bank, they may be tried under state or federal law depending on how the reserves are insured. There are not very many federal laws about bank robbery, so most are tried at a state level. However, if the bank’s reserves are insured by a federal agency, the robber would face felony charges in the federal court system.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Have You Been Charged With Felony Drunk Driving in Indiana?

Posted on September 6, 2022 by admin

Felony drunk driving or intoxicated driving charges are very serious in Indiana. Be sure you have the aggressive and reputable legal representation you need in order to protect your rights and preserve your freedoms. Continue below to learn how to get the best possible outcome after being charged with a felony DUI in Indianapolis and its surrounding counties.

DUI Attorneys Indianapolis Indiana 317-636-7514

Drunk Driving Felonies are Serious in Indiana

Second and third DUI offenses, or multiple DUI offenses are classified as various Levels of Felonies in Indiana. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 1 and 2 felony crimes are the most serious levels, excluding murder. Each level of felony is assigned a separate statute regarding penalization.

You Can Face Felony DUI Charges If:

■ You Have a Prior DUI Conviction/s within the Past 5 to 10 Years
■ You Have Two Prior DUI Convictions
■ You Have Three Prior DUI Convictions
■ You Receive a Fourth DUI Charge
■ DUI Involving Manslaughter
■ DUI Involving Child Endangerment
■ Fleeing from the Scene of the Crime
■ DUI Involving Severe Property Damages
■ DUI Involving Bodily Harm to Another Person

How to Get Ahead of Felony Drunk Driving Charges in Indiana

People make mistakes, and just one extra glass of Cabernet can put a person over the set 0.08 BAC state alcohol limit. More significantly, a drunk driving charge is always serious, but pair a DUI with additional aggravated offenses or prior convictions, and you have a DUI felony on your hands. These types of DUI charges can be very difficult on you and your family and create a troubling ripple effect on your life and future.

Not only do you face jail time, but you can also lose your driving privileges, child custody, student aid benefits, employment, job promotions, and more. It is critical to have the guidance and knowledge of a skilled Indiana DUI criminal defense lawyer on your team to prevent your constitutional rights from being violated. DUIs exclude no one, but a tough drunk driving lawyer can exclude you from jail time and other harsh drunk driving penalties if you choose the right one.

Hire an Aggressive and Experienced DUI Lawyer in Indianapolis

Here at the Law Office of David E. Lewis, we offer free initial consultations, so there are never any out-of-pocket fees to discuss the best strategies for your criminal defense. As a longtime professional in the industry, Attorney David E. Lewis has what it takes to build a strong and impactful defense on your behalf. He never uses confusing legal jargon, which ensures that you fully understand everything you need to know. David E. Lewis Attorney at Law will instantly begin building a strong and aggressive defense on your behalf in order to preserve your freedoms and obtain the best possible outcome in court.

Are you ready to get started with a free consultation to meet Attorney David E. Lewis? Contact us at 317-636-7514 to schedule a meeting with a DUI felony lawyer in Indianapolis you can trust. Our law firm also offers Indiana criminal record expungement and appeal representation.

Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

Vehicular Manslaughter Lawyer Indianapolis Indiana 317-636-7514

Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

Are you worried about your pending DUI charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI lawyer in Indianapolis, Indiana who will put your mind at ease with a strong and impactful defense. We also represent defendants charged in Indiana but who live in another state.

Can I Get in Trouble for Mailing Weed in Indiana?

Posted on July 5, 2022 by admin

Marijuana is legal for medicinal and recreational use in an increasing number of states across the country, but not Indiana. In the Hoosier state, cannabis is still illegal in all regards. Yet, there is a buzzing confusion among Indiana residents on shipping or transporting legal marijuana back home. As a result, many cannabis users continue to find out the hard way that mailing weed or weed products in and out of Indiana is a recipe for trouble, legal trouble to be specific.

Scroll below to review some facts about what happens if you get caught shipping marijuana in Indiana, as well as the consequences for transporting legally-purchased cannabis products back to Indiana.

Marijuana Criminal Lawyer Indianapolis Indiana 317-636-7514

Marijuana Shipment is Illegal in Indiana

Not only is the shipping of marijuana and cannabis products illegal in Indiana, but it is also a violation of Federal law seeing as though the United States Postal Service (USPS) is a branch of federal government. This means that the consequences for committing such offenses are more serious for those charged and convicted. Having a misdemeanor on your permanent record is one thing but a felony can have lasting negative effects on your overall quality of life.

Marijuana in all forms is illegal in Indiana, including flower form, plant form, THC oil, edible and drinkable cannabis goods, and seeds. The only exception is low THC level oil obtained from industrial hemp, which is legal to ship in Indiana and under Federal law.

Common Penalties for Mailing Weed and Cannabis Products

So, what happens if you mail marijuana and get caught? Well, let’s start by noting that Indiana Drug Trafficking Laws are among the strictest, and mailing marijuana is considered trafficking. Whether you knowingly or intentionally mailed marijuana or received it in the mail from another party, you face serious penalties if caught and convicted.

No Previous Drug Convictions, Under 30 Grams:

□ Class A Misdemeanor
□ Up to 1 Year in Jail
□ Up to $5,000 in Fines
□ Miscellaneous Court Orders
□ Probation

No Previous Drug Convictions, 30 Grams to 10 LBS:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 5 Felony
□ 1 to 6 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

What to Do if You are Arrested For Mailing Drugs in Indiana

Whether you have just been released on bond after being arrested for mailing illegal substances in or out of Indiana or simply suspect that you soon will be, your best option is to contact a licensed criminal defense attorney in Indianapolis. They can take full control of your case, protecting your rights and preserving your freedoms.

Ready to speak with a skilled and qualified lawyer about your case? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and experienced criminal defense for drug crimes in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

Can a Person Be Arrested for Blackmailing?

Posted on June 22, 2022 by admin

Blackmail is a crime. Crimes come with penalties of all kinds, from fines and restitution to community service, house arrest, probation, and even jail time. And like all crimes, blackmailing another person, business, or organization will lead to these same consequences. Continue below to learn more about blackmail laws, including the common charges and penalties, plus what to do if you are being blackmailed by another.

Blackmail Criminal Defense Lawyer Indianapolis Indiana 317-636-7514

Blackmailing Laws in Indiana

Blackmailing can be a state or federal crime depending on the circumstances or nature of the offense. Most people wrongly assume that blackmail is the act of forcing someone to do something they don’t want to do by means of threat or ultimatum (not by bribery or intimidation). But the true, universally accepted legal definition of blackmail describes a very serious offense that causes significant damage to one’s reputation, finances, or quality of life, all of which can subject a victim to extreme psychological and emotional traumas. For this reason, blackmail is deemed as a very serious offense under criminal law, and therefore, renders major penalties, including jail time.

West’s Encyclopedia of American Law, (2d Edition, 2008), defines blackmail as: “[t]he crime involving a threat for purposes of compelling a person to do an act against his or her will, or for purposes of taking the person’s money or property.

Forms of Blackmail

Blackmail crimes come in all forms. A blackmailer could threaten a person to do something they don’t want to do by threatening physical violence, or threatening to harm their 1) reputation, 2) employment status or privileges, 3) school admissions, 4) child custody rights, 5) social status, 6) membership status, 7) finances, 8) property, 9) loved ones, and much more. A blackmailer may even threaten to reveal secrets that can cause harm to all of these elements of life and more.

Typically, the person doing the blackmailing is someone that has a level of authority or power over the victim, such as an employer, computer hacker, spouse, parent, guardian, conservatorship representative, lawyer, agent, teacher, school administrator, and similar authorities. However, this is not always the case. A blackmailing victim can be blackmailed by their best friend, romantic partner, neighbor, or even a minor.

Blackmail Versus Extortion

The terms blackmail and extortion are sometimes used interchangeably to describe the same type of crime. However, blackmail is typically reserved to describe crimes of threat, while extortion is more like blackmail that results in actually receiving funds, money, payment, or some other reward. Basically, when blackmail is successful, it turns into the crime of extortion.

Penalties for Blackmailing

Here in Indiana, if the defendant is charged with blackmail or extortion, they will face a long list of penalties, with the possibility of jail time. In most cases, a first offender convicted of a blackmailing crime will be sentenced to fines. In other cases, a defendant might be sentenced to fines and imprisonment. Aside from criminal penalties, a person convicted of blackmail or extortion may also face a civil lawsuit brought on by the victim. The victim could seek damages from the blackmailer in the form of compensation or settlement.

What to do if you’re being blackmailed: Immediately contact the police and give a full report. Never take matters into your own hands.

Are you currently facing criminal charges for bribery, blackmail, or extortion in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for misdemeanor or felony criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

8 Ways You Can Be Charged With Intoxicated Driving

Posted on May 4, 2022 by admin

Intoxicated driving charges are very serious, and the law is designed to use such cases as a means to set an example for the rest of the public. The laws surrounding OWI charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. There are several ways you can be charged with operating a vehicle while intoxicated.

Continue below to learn the 8 types of DUI charges, what they mean, and how you can beat them with skilled legal representation.

DUI Lawyers Near Me Indianapolis Indiana 317-636-7514

Types of OWI Enhancements

Potential OWI enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a blood alcohol concentration (BAC) of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Aggravated DUI

An aggravated DUI is any average DUI charge, but with enhancements. See enhancement examples above. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more.

Drugged Driving (DUID)

Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can lead to a DUID charge in Indiana, which stands for “driving under the influence of drugs.” A police officer can legally arrest you for a DUID charge simply based on a reasonable suspicion that such drugs are in your system.

DUI Accidents

Driving under the influence of drugs or alcohol is a serious crime in itself; but couple it with an accident and the charges get worse. In Indiana, DUI-related accidents are labeled as Felony DUI charges, and come with severe penalties.

DUI Manslaughter

When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Felony DUI

First-offense DUI charges are generally misdemeanors. But with enhancements or previous convictions, DUI charges turn into a felony very fast. Such factors include multiple convictions, fatalities, presence of children, bodily harm, property damage, and more. With the help of a tough defense lawyer, felony DUI charges can sometimes be reduced to lower felonies or misdemeanors.

Misdemeanor DUI

A typical DUI charge in Indiana is a misdemeanor crime, unless there are enhancements involved, or a person has prior DUI convictions within a certain time frame (usually 5 to 10 years). First time DUI offenses are Class C misdemeanors, but with BAC levels higher than 0.15%, they jump to Class A misdemeanors. With the help of a tough defense lawyer, Level 6 felony DUI’s can often times be reduced to DUI misdemeanors.

Property Damage DUI

When a DUI accident ends with property damages, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And although these are considered aggravated DUI’s, they are not always charged as felonies. However, if property damages are extensive, the charge is likely to increase to a felony.

Underage DUI

Indiana has a “per se” stance on underage drinking and driving. This means there is a zero-tolerance rule for underage drinking. Any person under the age of 21, the national legal drinking age, is forbidden to consume or purchase alcoholic beverages. Underage drinking is a crime in itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, hefty fines, community service, and diversion programs.

Are you looking for criminal defense attorney who can help you reduce your OWI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about your Indiana DUI charges. Our legal team can help you obtain the best possible outcome to your criminal matters!

What You Need to Know About Indiana Tax Fraud

Posted on April 14, 2022 by admin

If you are a small business owner who is preparing to file your company’s tax return, you have until tomorrow to do so. If you are an individual filing your personal tax returns, you have until Monday, April 18th. Either way, it is important to protect yourself against tax errors because you do not want to mistakenly be charged with tax fraud.

Continue reading to learn what you need to know about Indiana tax fraud before Tax Day is upon us this year, plus who to trust for aggressive legal defense if ultimately indicted on any type of white-collar criminal charge.

Tax Fraud Lawyer Indianapolis Indiana 317-636-7514

Important Tax Fraud Facts

Tax fraud is also known as tax evasion. A person can be indicted and charged with tax evasion if they intentionally or knowingly neglect to file their taxes, pay their taxes in full, or provide dishonest data (or omit required data) on their returns for the purpose of evading payment. In order to be convicted of tax evasion, the IRS must prove that you deliberately and knowingly demonstrated one of these fore-mentioned acts.

Most Common Types of Tax Fraud Crimes:

▷ Under Reporting Income
▷ Falsifying Tax Return Data (inflating business expenses, overstating size of household, etc.)
▷ Underpaying Taxes
▷Not Paying Taxes
▷ Deceiving the Department of Revenue (DOR)
▷ Misrepresenting Economic Circumstances

Indiana Tax Fraud Penalties Upon Conviction:

Those who are convicted of Indiana tax fraud will be sentenced depending on the severity of their crimes. Penalties range from jail and prison time to fines, restitution, loss of certain freedoms, and more. Most Indiana tax fraud convictions are sentenced as Class A misdemeanors or Level 6 felonies.

▷ Level 6 Felony = Six Months to 2 ½ Years in County Jail – Fines up to $10,000

▷ Class A Misdemeanor = Up to 12 Months in County Jail – Fines up to $5,000

Tax Errors Do Not Make You a Criminal

If you mistakenly underpaid your taxes, provided incorrect information on your return, or forgot to file your tax return altogether, you are not committing a crime of fraud. In such cases, you would simply need to contact the proper IRS authorities and notify them of your mistake. From there, they will give you the instructions you need to follow to correct your error. You will likely have to pay a small penalty fee, generally $100 to $300.

Are you looking for qualified criminal defense that can reduce or dismiss your white collar crime or fraud charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an Indianapolis fraud crime lawyer you can trust. We represent all white collar crime cases in Indiana.

Are Federal Courts Different From State Courts?

Posted on March 29, 2022 by admin

Here in the United States of America, we have two separate types of court systems: state and federal. These two court systems are different in many ways; ways that might be important for you to know if you are currently facing misdemeanor or felony charges. Continue reading to learn how Federal court differs from state court, plus what you need to do if you are preparing to go to trial for your Indiana criminal charges.

Federal Crime Lawyers Indianapolis Indiana 317-636-7514

Federal Court Versus State Court

Federal court and state court are established quite differently. State and local court systems are established by the state. This may include cities, townships, counties, and municipalities. Federal courts were, and continue to be, established under the United States Constitution. They deal with laws that are passed by Congress and debates related to the Constitution.

Court Jurisdiction

State and federal court do not hear the same types of cases; more specifically, they are limited to which kinds of cases they are authorized to adjudicate. State courts are authorized to hear virtually all cases, except those that pertain to crimes against the United States and cases that involve certain Federal laws, such as felony offenses, Bankruptcy, immigration, copyrighting, and maritime law. These kinds of cases are heard in Federal court. Common cases heard by state and local courts include misdemeanor crimes, traffic violations, civil disputes, and similar lower-level legal matters.

Although state and Federal courts hear different types of cases, there are some cases in which both are authorized to hear. In such cases, the party has the discretion of choosing which court they wish to pursue their legal matters in.

Facing Criminal Charges?

If you are facing misdemeanor criminal charges, you are going to be tried in a local court under state law. Examples of common misdemeanor offenses adjudicated in the local court system include traffic violations, drug possession, public intoxication, drunk driving, and shoplifting. If you are facing felony charges, you will likely be tried in Federal court under Federal law. Examples of federal-level offenses include white collar crimes, trafficking, sex crimes, violent crimes, kidnapping, homicide, and terrorism.

Can I Expunge a Low Level Non Violent Felony?

Posted on February 1, 2022 by admin

The New Indiana Second Chance Law really can give second chances to past offenders and those arrested on minor criminal charges. If you are facing a low level non-violent felony, you are in a good position to qualify. However, it is important to understand the stipulations that go along with the criminal record expungement process and possible outcome to felony-level petitions.

Continue below to review some important considerations and facts surrounding felony criminal record expungement, plus who to trust for reliable and affordable legal assistance.

Expungement Law Firm Indianapolis Indiana 317-636-7514

Criminal Record Expungement and Sealing for Felonies in Indiana

Felonies are divided up into 7 levels. Level 1 felonies are the most serious, while Level 6 felonies are the least serious. Murder is the highest felony, and in a category of its own. Level 6 felonies used to be called Class D felonies. This categorization is now outdated. Level 6 felonies are considered low level, even more so if they are non-violent.

In Indiana, Level 6 Felony convictions hand down a moderate to severe criminal sentence. Generally, one can expect to be sentenced to 6 months to 2 and a half years in jail, plus ordered to pay fines up to $10,000. Additional court-ordered penalties may also arise, such as house arrest, ignition interlock devices (IID), drug and alcohol rehabilitation, restitution, community service, and more.

Expunging or Sealing a Low Level Felony

Low level felonies may qualify for criminal record expungement or record sealing if they are non-violent, plus at least 8 years has passed since the date of your arrest or conviction, or 3 years has passed since you have completed your sentence. Talk to an Indianapolis IN criminal record expungement attorney to confirm your eligibility for felony expungement or sealing, plus commence your official petition.

What You Need to Do

In order to petition for criminal expungement or record sealing, you will need to satisfy some specific responsibilities of your own. First, you must officially complete all elements of your felony sentence. This includes fines, related costs, court fees, probation, community service, classes, and more.

Next, you will need to remain offense and arrest-free for at least 8 years following your conviction or arrest, or at least 3 years following the completion of your sentence. If you get in trouble with the law during that time, or have pending criminal charges, the clock starts all over again.

Last, you need to hire an Indiana criminal defense law firm that specializes in criminal record expungement services in Indianapolis. They have the knowledge and resources necessary to push your petition through, accurately and on time.

Are you looking for an affordable lawyer to help you with your expungement application process? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana.

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

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.