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.

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.

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

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.

Indianapolis Criminal Defense Law Firm 317-636-7514

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

Tag Archives: state law