What Happens if I Violate My Probation in Indiana?

Posted on October 22, 2021 by admin

You are on probation because the courts decided you do not need to be in jail to serve out your criminal sentence. Although you are not in jail, being on probation has many restrictions and rules. Breaking any of these terms and conditions of probation will lead to a probation violation. What happens if you violate your probation in Indiana? Continue reading to learn what you need to know about violations of probation.

Probation Violation Attorney Indianapolis Indiana 317-636-7514

After a Probation Violation

Once you are assumed to have violated the terms of your probation, the overseeing probation officer assigned to your case will notify the courts. Then a probation violation hearing will be scheduled. If you are on probation for a felony conviction, an arrest warrant will be issued to take you into custody as soon as possible.

Law enforcement will come to your house or place of employment. If you were convicted of a lesser criminal offense, such as a misdemeanor or infraction, you will likely just be notified of the hearing and expected to arrive on time.

Probation Violation Hearing

At the probation violation hearing, the judge will decide whether to revoke your probation and place you in jail, prolong your probation, or dismiss the violation altogether. Either way, if you are ever in violation of your probation, it is critical to hire an Indianapolis criminal defense lawyer immediately.

During the hearing, prosecution will use all sorts of legal tactics to prove that you in fact violated the terms and conditions of your probation. Prosecution simply needs to prove their case with a preponderance of the evidence, which is a legal term that basically means they have enough proof to show you are more likely than not in violation of your probation.

Determined to Be in Violation

If prosecution is successful and the court decides you have in fact violated your probation, your probation sentence could be revoked, and you could be sent to jail. The amount of time you’ll be sentenced to jail will depend on the Indiana sentencing guidelines for the particular offense you are convicted of.

With a skilled Indianapolis Indiana criminal defense attorney, you can feel confident that jail time will not be an end result to your probation violation hearing. An experienced lawyer can build an impactful case against your probation violation charges and negotiate a more lenient sentence on your behalf. They may even be able to throw your violation allegation out of court altogether.

Are you looking for a criminal defense law firm to help you beat your probation violation in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for probation violations in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

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Common Types of Property Crimes and Penalties in Indiana

Posted on August 3, 2021 by admin

There are several different types of property crimes that one can commit here in Indiana. From vandalism to arson, and many in between, Indiana does not take such offenses lightly. If you or someone you love was recently arrested or indicted on property crime charges, it is vital to hire a criminal defense attorney as soon as possible to protect your rights and preserve your freedoms.

In the meantime, continue below to review some of the most common types of property crimes in Indiana and the penalties that generally follow if convicted.

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What is a Property Crime?

A property crime is any type of intentional or unintentional act of destruction or theft to a private or public premises. In Indiana, they are punishable on a wide scale depending on circumstances and details of the crime, from Class C Misdemeanors to Level 1 Felonies.

☛ See Sentencing Guidelines for Indiana

Here are the most common types of property crimes in Indiana:

Theft

Also called larceny, theft crimes are any acts of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property. Theft convictions range from Class A Misdemeanors to Level 5 Felonies depending on the value of stolen items and various other details.

Shoplifting

Shoplifting is a type of theft crime in which a person intentionally conceals merchandise from a retail store without any intention of paying for it. Putting a book in your inside jacket pocket or a necklace in your purse at a store so that you can walk out without paying for them are examples of shoplifting. Shoplifting sentences depend on the total value of the items, but they commonly range from low level infractions to Class A Misdemeanors. In more serious cases, shoplifting charges can be Felonies.

Burglary

Burglary is another subcategory of theft. Different from robbery, which involves the use of a weapon, burglary is the act of unlawfully and forcibly entering a house, building, or enclosed structure with the intent of stealing property or possessions. It can also be unlawfully entering a house or enclosed structure for the purpose of committing another type of illegal act. Like most theft crimes, the charges for burglary can range from low misdemeanors to high felonies depending on the circumstances of the crime.

Robbery

Robbery is the crime of burglary and theft all in one, but with the use of a deadly weapon, force, or threat of force. Commanding a cashier to hand over all of the money in the cash register while showing them a gun on your belt would be the crime of robbery. Robbery is a serious theft crime, so it comes with much higher charges and penalties, usually Felonies.

Arson

Arson is the crime of intentionally setting fire to or burning a house, building, structure, or area of property such as a forest or park. If someone commits the violent crime of arson, and as a result, someone suffered bodily injury, the level of punishment drastically increases, as do the subsequent penalties upon conviction. Minor cases of arson, usually with juveniles, result in Misdemeanors, while more serious crimes of arson are charged as felonies.

Vandalism

Vandalism is a very common crime that can be as minor as writing your name in marker on the bathroom stall to graffitiing an entire building façade with spray paint. Any act that degrades, devalues, destructs, defaces, damages, or destroys a property is considered a crime of vandalism. Like most property crimes, the level of punishment depends on the severity of the crime and total value of damage. Sentences range from low-level infractions to Level 5 felonies.

Are you facing criminal charges for one of these types of property crimes in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation for theft crimes in Indianapolis, IN today.

You Should Also Read:

Is it Possible to Reduce My Criminal Charges?
Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana
Can I Be Arrested for Setting a Fire on My Property?

What are the Sentencing Guidelines for Indiana?

Posted on October 13, 2020 by admin

When charged with a crime, Hoosiers are given a plethora of rights, both on a civil and federal level. One such right is judicial due diligence. Basically, anyone who is suspected of, or formally charged with, committing a crime, they are innocent until proven guilty, in the eyes of the law. For those who are convicted after being charged with a crime in Indiana will be subjected to our state’s sentencing guidelines. Although judges have the personal and professional discretion to choose a sentence and subsequent penalties of a convicted offender, Indiana’s sentencing guidelines provide the basis of sentencing that deters unfair or excessive punishment.

Continue below to learn what the Indiana sentencing guidelines look like, and what you need to do this very second if you are facing criminal charges in the state.

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All Levels of Crimes Included

The Indiana sentencing guidelines are for all levels of crimes, from infractions and misdemeanors, to felonies and murder. Felonies range from Level 1, which is the highest, to Level 6, which is the lowest. Murder is it’s own level of crime. Level 6 felonies are commonly called “wobblers” because most are reduced to a Class A Misdemeanor upon plea deal. Misdemeanors range from the highest, Class A, to the lowest, Class C.

Here is what you can expect the outcome to be for your pending criminal charges if convicted at your trial:

▶ MURDER
45 Years to Life in Jail, or Death Penalty. Advisory Sentence of 55 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 1 FELONY
20 to 40 Years in Jail. Advisory Sentence of 30 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 2 FELONY
10 to 30 Years in Jail. Advisory Sentence of 17 ½ Years in Jail. Up to $10,000 in fines.

▶ LEVEL 3 FELONY
3 to 16 Years in Jail. Advisory Sentence of 9 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 4 FELONY
2 to 12 Years in Jail. Advisory Sentence of 6 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 5 FELONY
1 to 6 Years in Jail. Advisory Sentence of 3 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 6 FELONY
½ to 2 ½ Years in Jail. Advisory Sentence of 1 Year in Jail. Up to $10,000 in fines.

▷ CLASS A MISDEMEANOR
0 to 1 Year in Jail. No Advisory Sentence. Up to $5,000 in fines.

▷ CLASS B MISDEMEANOR
0 to 180 Days in Jail. No Advisory Sentence. Up to $1,000 in fines.

▷ CLASS C MISDEMEANOR
0 to 60 Days in Jail. No Advisory Sentence. Up to $500 in fines.

Aggressive Criminal Defense in Indianapolis That You Can Actually Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. 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.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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