Tag Archives: Misdemeanor Charges

Is it Possible to Reduce My Criminal Charges?

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Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

Types of Specialized Criminal Courts in Indiana

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, there are two primary types of court cases, civil and criminal. Most civil cases involve a plaintiff suing for restitution or compensation. Common examples are divorce and child custody cases. In contrast, criminal cases involve enforcing laws and seeking punishment for crimes committed. In civil cases, a person is seeking money, but in criminal cases, the party pressing charges is seeking punishment.

The government, or state, is generally the party that brings criminal charges against a person. Once this happens, the person will go to court to stand trial on the charges. There are three main categories of criminal court, all of which deal with different types of criminal cases. Continue reading to learn about the types of specialized criminal courts in Indiana.

Indiana Criminal Courts

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. Take a closer look at each type of specialized court system in Indiana:

Felony Court – If a person is charged with a major felony, they will stand trial in an Indiana felony court. A major felony can be anywhere between a Level 5 and a Level 2 felony crime, as well as, murder. However, a major felony may be considered any level felony depending on the county in which the crimes originated. A felony is any crime that is punishable by 1 year or more in jail. For example, if Jack stole a car, he would be arrested for suspicion of car theft. Next, the state would bring felony theft charges against him and then he would go to felony court to stand trial.

Misdemeanor Court – Misdemeanors are lesser offenses than felonies. A misdemeanor is any crime that is punishable by up to 1 year in jail. Common examples of misdemeanor crimes include shoplifting, public intoxication, driving with a suspended license, and so on. Misdemeanors are classified into three classes, from A to C, depending on the severity of the crime and criminal history. The most serious is a “Class A” misdemeanor. If a person is charged with a misdemeanor, they will stand trial in an Indiana misdemeanor court.

Juvenile Court – If a person is charged with a crime, and they are under 17 years old, they will generally stand trial in an Indiana juvenile court. In the case that a crime is a typical juvenile offense, such as trespassing or petty theft, they will remain in the juvenile court system. However, in the case that the crime committed is a serious or egregious offense, minors may be tried as adults in felony court. It largely depends on the state in which the crimes originated.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 when you need an Indianapolis criminal defense lawyer that stops at nothing to protect your rights and preserve your freedoms. With extensive trial and litigation experience, and a drive that never stops, Attorney David E. Lewis will build a strong defense and impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation to discuss your case with an experienced criminal defense attorney in Indianapolis, IN.

A Brief Look at Indiana Public Intoxication Laws

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

St. Patrick’s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards are a common attraction on St. Patrick’s Day, as well as, publically intoxicated patrons. If you have been a veteran celebrator of this holiday, then you have surely seen public intoxication at play and perhaps been guilty of the same thing a time or two.

But did you know that under old Indiana law, anyone that was intoxicated in public was committing a crime? If a person walked into a bar, music venue, or stadium, and had enough to drink to put them even a fraction over the legal limit, they could be legally arrested as soon as they stepped outside on the sidewalk or into the parking lot. Indiana legislature eventually decided this law was unreasonable and unfair. And this is true since most places of business that provide consumer entertainment promote drinking, serve patrons alcoholic beverages, and then force then out to catch a cab or drive home when they close.

Old Law Prior to 2012

The old law stated if a person was over the legal drinking limit in a public place or property, they were committing a crime and subject to arrest. But in May of 2012, Governor Mitch Daniels signed a new law regarding public intoxication that soon went into effect on July 1st. The changes that were made to the old law basically reflected what law enforcement was already doing in terms of managing public inebriation cases. Generally, law enforcement would only arrested intoxicated persons in public if they were causing a disturbance of some kind.

New Law as of July 2012

Although some parts of the statute are vague and subjective, it should give patrons peace of mind knowing they can peacefully walk home or take a public bus without legal consequence, so long as they are behaving responsibly. The new law, Indiana Code 7.1-5-1-3, states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for
public intoxication if they are:

1. Endangering their Life or the Life of Others
2. Breaching the Peace or in Imminent Danger of Breaching the Peace
3. Harassing, Annoying, or Alarming Another Person or Group of People

Keep in mind that, ultimately, law enforcement officers have full discretion as to what they determine, “a breach of peace” and other violations of the statute. So be sure to know your rights for the upcoming holiday so you can be better prepared to have a fun and safe St. Patrick’s Day celebration!

Indianapolis Public Intoxication Charges

David E. Lewis Attorney at Law

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

Call David E. Lewis Attorney at Law at 317-636-7514 if you are facing public intoxication charges in Indianapolis, Indiana. He provides aggressive criminal defense representation for alcohol-related crimes. You have a better chance at getting your charges reduced or dismissed with the help of a knowledgeable and experienced Indianapolis criminal defense lawyer like David E. Lewis! Call 317-636-7514 to schedule a consultation, today.