What to Do After Being Arrested for a Misdemeanor Offense in Indiana

Posted on December 14, 2023 by admin

Being arrested for a misdemeanor charge in Indiana can be a distressing experience, leaving you feeling overwhelmed and uncertain about your next steps. However, it’s crucial to understand that a misdemeanor offense, while serious, is not insurmountable. With the right approach, proper knowledge about your rights, and timely assistance from a competent criminal defense lawyer, you can navigate this challenging situation.

This blog aims to demystify misdemeanors in Indiana, outlining what you should do following an arrest and how to effectively protect your interests in these circumstances.

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Understanding Misdemeanors in Indiana

A misdemeanor is a criminal offense that falls between an infraction and a felony on the severity scale. In Indiana, misdemeanors are classified into three classes: Class A, Class B, and Class C. The class of your misdemeanor charge depends on the type of crime committed and its corresponding penalty. Generally, Class A misdemeanors carry the most severe penalties, while Class C misdemeanors carry lesser consequences. Some common examples of misdemeanor offenses in Indiana include DUI, petty theft, public intoxication, disorderly conduct, and simple assault.

What to Do After Being Arrested for a Misdemeanor Offense

Stay Calm and Remain Silent

The first thing you should do after being arrested for a misdemeanor is to stay calm and remain silent. Anything you say or do can be used against you in court, so it’s best not to give any statements until you have legal representation.

Contact a Criminal Defense Lawyer

After an arrest, the police may interrogate you or even pressure you into making a statement. It’s crucial to remember that you have the right to an attorney, and it’s in your best interest to exercise this right. A competent criminal defense lawyer in Indianapolis can help you understand the misdemeanor charges against you and build a robust defense strategy.

Gather Information

While still at the scene of the arrest, try to gather as much information as possible for your case. Note down the names and badge numbers of the arresting officers, take pictures of any physical evidence, and ask for the contact information of any potential witnesses.

Understand Your Rights

As a person accused of a misdemeanor offense in Indiana, you have certain constitutional rights that protect you from unfair treatment. These include the right to remain silent, the right to legal representation, and the right to a speedy trial. Make sure you understand these rights and exercise them accordingly.

Appear in Court

After an arrest, you will be given a court date to appear and essentially “answer” to the charges against you. It’s essential to attend this hearing as failure to do so can result in additional charges and penalties.

Protecting Your Interests

A misdemeanor conviction can have lasting consequences on your life, including fines, probation, community service, and even jail time. To protect your interests and minimize the impact of a misdemeanor charge, it’s crucial to have a competent criminal defense attorney by your side. Your lawyer will examine the evidence against you, identify any procedural errors, and present a strong defense on your behalf.

Conclusion

Being arrested for a misdemeanor offense in Indiana is undoubtedly a stressful experience. However, by understanding your rights and taking the necessary steps after an arrest, you can effectively protect your interests and minimize the impact of these charges. Remember to stay calm, seek legal assistance, and exercise caution in all your actions. With dedication and a strong defense strategy, you can overcome this challenging situation. So, if you or someone you know is facing a misdemeanor charge in Indiana, don’t hesitate to reach out to a criminal defense lawyer for help. They can provide the guidance and support you need during this difficult time.

Don’t let a misdemeanor define you; take action and fight for your future. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case!

What to Expect if Charged with a Misdemeanor in Indiana

Posted on May 10, 2023 by admin

Being charged with a misdemeanor crime in Indiana can be a frightening experience. It is important to understand the potential consequences of your charges and how you might best defend yourself from them. While misdemeanors are generally less serious than felony offenses, they still carry penalties that could affect your life for years to come. A criminal defense attorney can help you navigate the legal process and protect your rights if you have been accused of committing a misdemeanor offense in Indiana.

In this blog post, we will discuss what to expect when facing misdemeanor charges in the state of Indiana. We’ll cover topics such as possible penalties, how to find an experienced criminal defense lawyer, and more. Keep scrolling to get started.

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What is a Misdemeanor?

Misdemeanor crimes are lesser offenses compared to felonies but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious. For instance, a first offense DUI is charged as a Class A misdemeanor if the driver has a BAC of 0.15% or higher, or a Class C Misdemeanor with a BAC below 0.15%. Whereas a public intoxication charge is penalized as a Class B misdemeanor.

Class A Misdemeanor (IC 35-50-3-2)

Class A misdemeanors are the most serious. In fact, Level 6 felonies (the least serious) are considered “wobblers” because they often have a good chance at being reduced to a Class A Misdemeanor. This misdemeanor comes with the longest minimum jail sentence and highest fines. Possession of marijuana over 30 grams is an example of a Class A misdemeanor.

Class B Misdemeanor (IC 35-50-3-3)

Class B misdemeanors are right in between the most serious and the least serious misdemeanor. They are punishable by a minimum sentence of 180 days in jail and up to $1,000 in fines. Public intoxication is an example of a Class B misdemeanor.

Class C Misdemeanor (IC 35-50-3-4)

Class C misdemeanors are the least serious. They are punishable by a minimum of 60 days in jail and up to $500 in fines. But with a tough criminal defense attorney pm your side, you can avoid jail time. A DUI with blood alcohol content under 0.15% is a Class C misdemeanor is the person has no alcohol-related priors.

Misdemeanor Criminal Charges and Penalties

When charged with a misdemeanor in Indiana, you can expect to face penalties such as fines, jail time, or both, if convicted. The exact severity of the punishment depends on the nature of the offense and your criminal history. You may also be required to attend drug treatment, anger management classes, community service, or other programs if applicable.

Additionally, you may have to pay restitution for any damages caused by your offense. It’s important to note that even after completing your sentence, a misdemeanor conviction will remain on your record and could affect your ability to obtain a job or housing in the future.

Another thing to expect when facing charges is the need for an experienced criminal defense lawyer who understands Indiana law and how it applies to misdemeanors. A good criminal defense attorney will be able to evaluate your case and work tirelessly to protect your interests. An experienced lawyer can also build a strong defense strategy, negotiate with prosecutors and judges on your behalf, and help you seek the best possible outcome for your case.

Conclusion

If you have been charged with a misdemeanor in Indiana, it’s important to understand what consequences you may face and how best to defend yourself against them. Being aware of the legal process ahead of time can help alleviate some of the uncertainty that comes along with being charged with a crime. An experienced criminal defense attorney will be able to provide guidance throughout the entire process and ensure that your rights are fully protected. If you’re facing charges in Indiana, reach out today for experienced legal representation.

Were you or a loved one just arrested for a misdemeanor offense in Indiana? Do not wait a second longer to get the skilled and aggressive representation you need to protect your reputation, future, and freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana about your misdemeanor charges. Our law firm will work around the clock to obtain the best possible outcome to your criminal case!

Is it Possible to Get My Criminal Charges Reduced in Indiana?

Posted on January 19, 2021 by admin

After an arrest, your first thought is, “how much trouble am I in?” So, it is no surprise that one of the most common questions among criminal case defendants is, “can I get my charged reduced? Or better yet, dropped?” If you are wondering whether or not it is possible to get your criminal charges reduced in Indiana and avoid jail time completely, you are already on the right path. It is important to protect your rights and preserve your freedoms, and we will tell you what you need to know.

Continue below to learn about felonies and misdemeanors in Indiana, as well as their current sentencing schedules.

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Most Crimes are Classified as Misdemeanors and Felonies

Misdemeanors

Misdemeanors are not as serious as felonies, but they are still criminal offenses, nonetheless. Misdemeanors are categorized from Class A to Class C, with Class A being the most serious, and Class C being the least serious misdemeanor. Regardless of seriousness, they can all affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. Misdemeanors are punishable by up to 1 year in jail and up to $5,000 in fines.

Felonies

A felony is a serious crime because it is a federal crime, or crime against the federal law. Felonies come with harsher penalties as a result. If you are facing a felony conviction in Indiana, it is vital that you hire a private Indianapolis criminal defense lawyer to protect your rights and keep you out of jail. Felonies are categorized on a spectrum from least serious to most serious, from Level 6 Felonies to Level 1 felonies, and then murder at the very top as the highest felony, and in its own category.

Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 6 Felonies are typically called “wobblers” because they can often be reduced to a Class C Misdemeanor if the defendant has no priors. Level 1 and 2 felony crimes are the most serious levels, excluding murder.

How to Reduce Your Indiana Criminal Charges

If you are charged with a misdemeanor crimes or felony crimes in Indiana, it is vital to speak with an experienced and skilled Indianapolis criminal lawyer you can trust. Your next moves can drastically impact the overall outcome of your case, and the well-being of your future! Call Attorney David E. Lewis at 317-636-7514 to discuss the most effective legal strategies and defenses for your Indiana criminal case. We offer free consultations, so there is no out-of-pocket obligation to learn more about your charges and possible penalties. Schedule your consult over the phone, via video conference, or in-person at our Indiana criminal defense law firm

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

How are Federal Laws Different From State Laws?

Posted on December 23, 2020 by admin

If you were recently arrested in Indiana, you could be facing either misdemeanor or felony charges. At a basic level, misdemeanors are charges brought against you at a state level, while felonies are charges brought against you on a federal level. How are these two levels of laws different from one another? Continue reading to learn more about federal and state law, and what you should do if you are facing charges in Indiana right now.

FEDERAL CRIMES

VS.

STATE CRIMES

Federal Laws Versus State Laws

⚖ Federal Crimes

Felonies are federal crimes that are illegal under federal law. Crimes committed on federal property are also made illegal under federal law. There are several types of federal-level offenses. Some of the most common examples of felony crimes here in Indiana include white collar crimes like tax fraud, bank fraud, embezzlement, and counterfeiting, as well as other types of serious crimes like grand theft auto, sexual assault, kidnapping, armed robbery, firearm crimes, civil rights offenses, and of course, murder.

LEVELS OF FELONIES IN INDIANA:

Murder – Most Serious
Level 1 Felony
Level 2 Felony
Level 3 Felony
Level 4 Felony
Level 5 Felony
Level 6 Felony – Least Serious

⚖ Misdemeanor Crimes

Misdemeanors and infractions are state crimes that are illegal under state law. Like federal offenses, there are many types of misdemeanor and low-level crimes that are illegal under state and local laws. Both residents and visitors of the state are vulnerable to prosecution, including businesses and franchised businesses. The most prevalent misdemeanor crimes committed in Indiana include DUI’s, drugged driving, assault and battery, theft, drug crimes, burglary, disorderly conduct, probation violation, public intoxication, disturbing the peace, and traffic infractions.

Misdemeanor crimes are categorized into three “Classes” based on the seriousness of the crime: Class A, Class B, and Class C. They are punishable by up to 1 year in an Indiana Department of Corrections facility, fines up to $5,000 (not including court costs and probation fees), and several other penalties which include: suspended drivers’ license, probation, routine urine screening, community service, alcohol/drug education, victim impact panels, high risk auto insurance, and more.

Aggressive Criminal Defense for Felony and Misdemeanor Arrests in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney 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.

FAQS About Felonies, Misdemeanors, and Infractions

Posted on June 24, 2020 by admin

Whether on a state or federal level, all crimes fall under one of three categories of offenses. Each category differs in severity of crime, level of punishments, and much more. We are talking about felonies, misdemeanors, and infractions. Regardless of the particular legal matter you are facing at the moment, it is in your best interest to educate yourself on what your charges mean, and what’s at stake in terms of your freedom.

Continue below to review some of the most frequently asked questions and answers about these 3 categories of offenses, and what you should do if you were just arrested for a crime.

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What is a Felony?

A felony is any crime on a federal level that is punishable by more than 1 year in jail, and up to $10,000 in fines, but can also include a long list of additional penalties. Level 6 felonies are the least serious of all felonies, while Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses and sits in its own category.

What is a Misdemeanor?

A misdemeanor is a step down from a felony in terms of seriousness, but nonetheless, still very serious. They are state-level crimes that are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Misdemeanors are punishable by up to $10,000 in fines, and up to 1 year, so those convicted will not be sentenced to longer than 12 months in jail.

What is an Infraction?

Infractions are the lowest level of crimes among the three categories. Therefore, they are the least serious and come with less severe penalties. Most often, infractions are penalized in the form of fines, which can range in price depending on several factors, mainly the subject matter of the offense. Examples of common infractions including parking and speeding tickets. In some states, infractions are not even adjudicated in criminal court, and instead, considered a civil matter.

What is a Wobbler?

A wobbler is an offense that is on the border of two categories of crimes. For instance, a Class C misdemeanor can wobble on the border of an infraction, and often times, is reduced to such. The same applies to Level 6 felonies, which can be reduced to a Class A misdemeanor, therefore, making it a “wobbler,”

Do I Need a Lawyer for an Infraction?

Often times, infractions can simply be paid off at the courthouse or local county clerks’ office. For this reason, there is usually not a need for professional counsel. Unless you are facing several infractions at once, or your infractions are false accusations, you likely do not need to hire a lawyer. You can, however, still seek out professional advice from a lawyer before managing your infractions.

What are the Penalties for a Felony Conviction?

Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense. Level 6 felonies are punishable by up to 3 years in prison and up to $10,000 in fines. Additional penalties include parole, probation, community service, rehabilitation, community victim panels, and more.

What are the Penalties for a Misdemeanor Conviction?

Misdemeanors are punishable by up to 1 year in county jail and up to $10,000 in fines. They are commonly ordered with additional penalties, including probation, community service, restitution, victim impact panels, rehab, drug and alcohol classes, and more.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

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.

Will I Get Probation for a Misdemeanor Conviction?

Posted on June 5, 2020 by admin

Crimes are not all alike. Although morally wrong, crimes range in severity from minor infractions to major ones. This is why the law breaks down crimes into two categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the worse of the two, including major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses.

Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties. This is why it is vital to retain the service of an experienced criminal lawyer for the best chance at reducing or dismissing misdemeanor charges in the case that you are ever charged with a crime. Often times, and especially for first-time offenders, lawyers can get lesser felony crimes reduced to misdemeanors. One of the most common penalties for misdemeanor crimes is probation.

Continue reading to learn the basics surrounding misdemeanor crimes and probation, and who to turn to if facing such charges.

Misdemeanor Lawyer Indianapolis Indiana — Misdemeanor Lawyer 317-636-7514 Indianapolis Indiana

Misdemeanor Classes

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanor Penalties

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines, complete a certain amount of community service hours, serve probation, and possibly pay restitution. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense. Probation is generally between 3 months and one year for misdemeanants.

Misdemeanor Probation

Terms of probation can include, but is not limited to, regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time. It is critical to the sake of your freedom and your rights to obtain the services of a licensed criminal lawyer if ever charged with a crime of any level.

Where to Find a Skilled Defense Lawyer in Indianapolis, Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your misdemeanor crimes 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 Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Frequently Asked Questions About State and Federal Crimes

Posted on May 8, 2020 by admin

There are two main levels of judicial court in the United States: Federal and State. Although the two courts are much different from one another, there are several key similarities too. If you are currently facing criminal charges, you need to know what state and federal court does, and how it might impact your case. Below, you will learn some fundamental information about state and federal offenses, including how to avoid the maximum penalties for your misdemeanor or felony charges.

How Does Federal Court Differ From State Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Types of Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Should I Hire an Attorney to Represent My Criminal Case?

The best step you can take toward securing your rights and protecting your freedoms when charged with a crime is to hire a licensed criminal defense lawyer to represent your case, whether you are facing a felony or misdemeanor conviction. Without the representation of a skilled criminal attorney, you greatly risk being sentenced to the maximum levels of punishment for your crime. That includes doing time in jail, which can greatly affect your employment, schooling, childcare, and more.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. If you want to avoid the maximum penalties for your criminal charges, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.