An Introduction to Indiana Drug Schedules

If you or someone you love was recently arrested on drug charges, whether for possession or trafficking, it is important to understand the penalties they may face. Continue reading to learn the basics surrounding Indiana’s drug schedules, and what you should do if you are facing drug charges right now.

Drug Criminal Defense Lawyer 317-636-7514

Drug Criminal Defense Lawyer 317-636-7514


In our state, the law uses a grouping system to classify and delineate all drugs and controlled substances according to their abuse potential and addictive nature, including both legal and illegal drugs. These groupings, called “schedules”, were developed by the Federal government and Indiana legislature. They range in number and severity, from 1 to 5 (often represented in numeral letters, I – V), and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Schedule Drugs

Schedule 5 drugs fall under Indiana Code 35-48-2-12. They are considered to be the least dangerous and addictive and pose the lowest risk of dependency. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs. A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug.

Schedule Drugs

Schedule 4 drugs fall under Indiana Code 35-48-2-10. They are measured to have a slight risk of physical or psychological dependency, but has a wide range of medically-accepted uses. This includes drugs like tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug.

Schedule Drugs

Schedule 3 drugs fall under Indiana Code 35-48-2-8. They are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule Drugs

Schedule 2 drugs fall under Indiana Code 35-48-2-6. They are deliberated to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Schedule Drugs

Schedule one drugs fall under Indiana Code 35-48-2-4. They are classified to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, benzylpiperazine, psilocybin, tetrahydrocannabinols (THC), methaqualone, MDMA (Ecstacy), and LSD (lysergic acid diethylamide).

For a complete list of controlled substances and Indiana drug schedules, Visit the U.S. Department of Justice Office of Diversion Control website.

Indianapolis Drug Defense You Can Trust

David E. Lewis Criminal Defense Attorney

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for drug crimes in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

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Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, knives, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Indianapolis Criminal Defense Law Firm 317-636-7514

Indianapolis Criminal Defense Law Firm 317-636-7514

Peru City Police Department v. Martin

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

David E. Lewis Attorney at Law

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

If you do not already have a licensed criminal defense lawyer working on your case, you need one 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 is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

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You Have Only 10 Days to Save Your Driving Privileges After a DUI Arrest

In Indiana, a criminal defense attorney has only 10 days to save your driving privileges. So if you are facing DUI charges from a recent arrest, you need to get in touch with a licensed crime lawyer ASAP! You may still have a chance at maintaining a reliable and consistent means of transportation.

Indianapolis Drunk Driving Attorney 317-636-7514

Indianapolis Drunk Driving Attorney 317-636-7514

Were you recently arrested for a drink driving charge?

If you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana. It is important to contact Attorney David E. Lewis as soon as possible following an OWI charge to see if you have a chance at being granted specialized driving privileges.

Depending on several factors, a judge can choose to grant a wide spectrum of driving authorizations for an offender. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day. They may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

If you want to avoid jail or have your charges dropped or reduced, you need to hire a criminal lawyer. You can opt for a public defender, but you have a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements by using private defense.

Attorney David E. Lewis Can Help You

Attorney David E. Lewis can be reached at his office during regular business hours, Monday through Friday. He offers a wide range of criminal defense, from DUIs and drug charges, to felonies, expungements, and more. You can count on his aggressive representation to preserve your rights and protect your freedoms.

Call TODAY!

David E. Lewis Attorney at Law

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

If you do not already have a licensed Indianapolis criminal defense lawyer working on your DUI defense, you need one 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 is no out-of-pocket obligations to you.

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Frequently Asked Questions About Going to Criminal Court

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own; and this only adds more anxiety and frustration. One of the topics that defendants have about their criminal case has to do with the court system. This is quite understandable since court policies and procedures differ greatly from city to city, and depend on the severity and type of crime.

To help put your mind at ease, talk to your trusted Indianapolis criminal defense lawyer for professional advice pertaining to your unique case. In the meantime, familiarize yourself with some common answers to some frequently asked questions about criminal court.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

What are the Types of Criminal Courts in Indiana?

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe.

What is a Preliminary Hearing?

Essentially, preliminary hearings are the beginning of the indictment process for many criminal cases. Prosecution will build a case against a suspected defendant, and then bring it to a judge for approval to move forward with filing formal charges against the defendant.

Is a Failure to Appear a Crime?

Yes. If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

What Can I Expect From a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a first choice for someone facing serious criminal charges.

Can I Represent Myself in a Criminal Case?

Yes, but you should never do this. You do not have the adept knowledge of the law, nor the long-standing professional relationships with the local courts, prosecutors, and judges. Furthermore, a licensed criminal defense lawyer has the competence to build an impactful and aggressive defense on your behalf to protect you from being sentenced to the maximum penalties if convicted.

What Will Happen at My Trial?

What happens at your trial will depend on several factors, including the type of court your case is being adjudicated in, your criminal history, the severity of crime, and your representing attorney. Talk to your lawyer to get a better understanding of what to expect at your trial. It is likely that you will have more than one hearing or trial.

How to Get Started on Your Defense

David E. Lewis Attorney at Law

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

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Attorney David E. Lewis Answers Your Questions About Criminal Defense!

You don’t have to face your criminal charges alone. David E. Lewis, Attorney at Law, is here to protect your rights and preserve your freedoms using every possible resource available. In fact, he is also here to answer all of your questions about criminal charges, criminal defense, court, and more!

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514


Continue below to review some of the common questions Attorney David E. Lewis receives from his clients about their criminal defense. If you do not see your particular question below, simply contact us directly for immediate assistance. All first-time clients are eligible for a free initial consultation to discuss the details surrounding their case, anytime.

Will I Go to Jail for My Charges?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Can My Charges Get Dropped?

It is vital to hire an experienced Indianapolis criminal defense lawyer directly after an arrest or investigation, BEFORE criminal charges can be filed, for any chance of them getting dropped. Once charges are filed, it is EXTREMELY rare for them to be dropped, but it is possible with the right defense.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose David E. Lewis, Attorney at Law to get you the fairest possible outcome for your case; not an attorney with a cheap retainer fee. After all, your future and freedom depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Do I Need a Criminal Defense Attorney?

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

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

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case. Call Attorney David E. Lewis at 317-636-7514 for
personalized legal representation you can trust.

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Attorney David E. Lewis Provides Aggressive Defense for White Collar Crime Charges

If you are facing white collar criminal charges in Indiana, then you need a strong and impactful defense that protects your rights and preserves your freedoms. David E. Lewis, Attorney at Law, can help you fight your criminal charges and avoid jail time.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


When a person illegally exhausts the revenue and profits of a business or local economy, they have committed what is known as a “white collar” offense. The term, “white collar crimes” is an umbrella label for a widespread assortment of felony-level offenses that take place in business, corporate, or governmental settings. Common examples of such crimes include money laundering, counterfeiting, extortion, and insider trading.

White collar crimes can be charged on a federal, state, or county level, and come with extremely harsh penalties, such as long prison sentences, enormous fines, and a life-long felony record. Even for first-time offenders can be subjected to this level of penalization. Federal-level white collar crimes are normally investigated by federal organizations like the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the International Revenue Service (IRS).

Most Common White Collar Crimes:

INVESTMENT (PONZI) SCHEMES
LABOR RACKETEERING
FORGERY
FRAUD
BRIBERY
COUNTERFEITING
EMBEZZLEMENT
EMPLOYEE THEFT
MONEY LAUNDERING
TAX EVASION
IDENTITY THEFT
EXTORTION
BLACKMAIL
PUBLIC CORRUPTION
COPYRIGHT INFRINGEMENT
PRICE FIXING
WEIGHTS AND MEASURES
INSIDER TRADING

Facing Embezzlement Charges?

Embezzlement is any unlawful act of misappropriating funds, and can also be charged as grand larceny, employee theft, fraud, and more. Since embezzlement is often times more than one type of felony crime, the charges against them are more severe. Attorney David E. Lewis has successfully represented several white collar crime cases in Indianapolis and will instantly start building you a custom defense powerful enough to reduce or dismiss your embezzlement charges.

Facing Bribery Charges?

Bribery is a public corruption crime that is committed when a person attempts to buy influence from a public official, or anyone else in an official public position, with the intention to control their professional decisions or performance. If you are under investigation for bribery in Indiana, count on David E. Lewis, Attorney at Law, to fight your bribery charges and obtain the most favorable resolution possible for your case!

Facing Forgery Charges?

Forgery is committed when a person fills out an official or formal document with false information, in an attempt to defraud another person or entity. This includes matters of bank fraud, check fraud, identity theft, and several other types of theft crimes. If you have been charged with the crime of forgery, trust Attorney David E. Lewis to fight get started on your defense and for your rights.

You Have a Fighting Chance!

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

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Information About State Felony Appeals and Criminal Defense

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. They have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

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The Basics of Criminal Discovery

When a person is accused of a crime, they have several rights according to our country’s Constitution. Of these rights, a common criminal process called discovery is not necessarily one of them. However, it is a process that can be highly pertinent to a criminal case.

Continue reading to learn more about the criminal discovery process and who to trust for professional legal advice regarding your criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514


The United States Constitution gives all criminal defendants the right to face their accuser in trial, but it does not provide them the right to know details of all the evidence the prosecution has against them. Although the U.S. Constitution does not decree this as a citizen right, there is a process known as criminal discovery that allows a defendant to have knowledge of the evidence that will be presented in trial in support of the prosecuting attorney’s case.

Most states do not give criminal defendants the automatic right to discovery, but many will still allow it depending on a range of factors. Each state has their own unique set of procedures for criminal discovery, all of which are contingent on timing, method, time frame, and more. Regardless of state legislation, all defendants have a particular constitutional right to exculpatory evidence, also known as “Brady Evidence” (Brady v. Maryland case). If a state fails to comply with this right, it is known as a “Brady violation.”

Civil vs. Criminal Discovery

The discovery process is a likely opportunity for both parties in civil cases, such as tort claims and divorces. That is because most states have rules that give all civil parties the automatic right to request any type of information or evidence. In criminal cases, however, the process is much different. In contrast to civil cases, the prosecution does not have to obtain evidence the defense would like to have; instead, they must disclose the evidence they already have against the defendant.

Similarly, state agencies have rules that govern how a defendant can get information about the evidence against them, including when they can obtain it and to what extent. Because a defendant must make a written motion to formally request criminal discovery, as well as, appear at a hearing to acquire a ruling approving discovery, it is strongly recommended to hire a licensed Indianapolis criminal defense attorney who can implement all the legal paperwork and defend your rights.

Criminal Defense That Doesn’t Stop Fighting For You

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

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Attorney David E. Lewis Offers Impactful Criminal Defense for Theft Crime Offenses in Indiana

Theft Criminal Defense 317-636-7514

Theft Criminal Defense 317-636-7514

There are several types of theft crimes a person can face in Indiana. Whether charged with petty shoplifting, or arrested for auto theft, theft crimes can come with lasting consequences and serious legal penalties. If you were arrested for a theft crime in Indiana, it is vital to your case to learn your rights and the penalties you face. You could be sentenced to prison, extreme fines, and more if you do not take action fast. The only way to protect yourself from receiving the maximum penalties for theft charges is to hire a tough and experienced criminal lawyer.

Attorney David E. Lewis has represented numerous theft crime cases, and can save you from unfair penalization for theft charges. He is the theft lawyer that is known for aggressive and powerful defense, using his thorough understanding of courtroom procedures and tactics from his hands-on experience to win the most favorable outcome possible for his clients. Look below at all of the different cases our law firm handles here in Indiana.

Our Theft Crimes Defense Practice Areas Include:

AUTO THEFT
CREDIT CARD THEFT
BURGLARY
FRAUD
SHOPLIFTING
ACCEPTING STOLEN GOODS
MISDEMEANOR THEFT
FELONY THEFT
ROBBERY
AND MORE

Auto Theft Charges

The act of stealing a vehicle is called auto theft. Although portrayed differently in the media, car theft is not the glamorous and exciting crime as seen on television, but rather a serious Indiana felony crime that comes with lasting consequences. If you have been charged with auto theft in Indiana, it is vital to your future and your freedom to retain competent legal services. David E. Lewis, Attorney at Law, has extensive trial and litigation experience in the criminal law field and knows how to position you in front of the courts in a way that’s most favorable to your case.

Robbery and Burglary Charges

Burglary, also referred to as “breaking and entering”, is a serious felony crime that often results in multiple criminal charges since more than one crime is usually committed. A person can be charged with the crime of burglary if they illegally enter any type of structure, not just homes. This includes businesses, schools, trailers, campers, houseboats, tents, campsites, and more. Robbery is the crime of taking another person’s money or property by either instilling fear in them, or using force, violence, or intimidation.

Depending on whether or not a weapon was used to commit the crime, robbery is generally charged as either Level 6 or Level 5 felony offenses. In Indiana, the penalties for robbery and burglary charges are at felony levels, and can affect several aspects of your life, both instantaneously and long-term. To avoid prison sentences and over-penalization, you need a theft attorney who knows burglary and robbery criminal law. David E. Lewis is the tough and driven criminal lawyer that will work around the clock to and protect your best interests and secure your freedom!

Shoplifting Charges

Taking merchandise from a commercial store or business without paying for it is a shoplifting crime. But for objects of high value, a person can potentially face grand larceny charges, an offense that comes with a much more serious conviction. Although not the most serious of misdemeanor and felony theft crimes, shoplifting is still penalized harshly in Indiana, and can subject a person to jail time and expensive fines. With competent legal counsel, however, those charged with shoplifting have a stronger chance at dropping or reducing their charges and avoiding strict penalties!

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your theft criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

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The Difference Between Affirmative and Negating Defenses

There are various types of defenses in criminal law. However, all defenses can be categorized as either affirmative or negating. Continue reading to learn the difference between these two defenses, and who to trust for professional legal advice regarding your current criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Affirmative Defenses

In the case that a defendant admits guilt to a particular crime, but also offers additional evidence and information in attempt to justify, excuse, or explain their actions, they are using what’s called an affirmative defense. If you have ever watched a crime television show, you may have seen examples of such defenses in a fictional courtroom.

Common affirmative defenses include self-defense, alibis, infancy (a child or youth), mental illness, intoxication, and insanity. Additional examples include being framed, error of fact, diminished capacity, duress, and similar types of circumstances or conducts. If an affirmative defense is successful, it usually means that the defendant’s liability for the crime is reduced or absolved.

Negating Defenses

In contrast to affirmative defenses, negating defenses are used to scrutinize or question an indispensable element of the criminal charge brought forth by the prosecution. This can be a useful strategy for defense since the prosecutor carries the burden of proving the defendant’s guilt beyond a reasonable doubt. Negating defenses help create doubt surrounding the evidence that the prosecution is using to convict the defendant.

However, in order for a negating defense to have a chance at being successful, sufficient evidence must be presented to support the element of the criminal charge in question. This must include physical evidence, such as video surveillance, voice recordings, eye witnesses, alibis, and other forms of tangible proof.

Talk to Your Lawyer

The permitted use of affirmative defenses vary from state to state. In most states, two types are generally accepted: excuses and justifications. In cases where a defendant denies guilt altogether, the alibi affirmative defense is common. Talk to your trusted Indianapolis criminal defense lawyer for help understanding the best strategy for defense to fight your criminal charges. They can build you a strong and impactful case to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense Law Firm

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. We work around the clock to ensure your rights are protected and your freedoms are preserved. You CAN avoid the maximum penalties for your charges with our aggressive legal representation. Call 317-636-7514 to get started, today.

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