Learn What Makes a Crime Violent or Non-Violent

There are two main categories a crime can fall into: Violent or Non-Violent. Learn the difference between the two in order to better understand your criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Crimes can be either violent or non-violent in the eyes of the law. Defendants, however, can commit one crime and be guilty of both. For instance, a person can trespass onto private property, which is a non-violent crime, and then proceed to assault someone, which is a violent crime. Continue reading to learn more about the difference between the two categories of crimes.

Non-Violent Crimes

A non-violent crime is a crime that does not involve any sort of physical violence. In detail, it is loosely defined as any crime that does not involve force or harm to another person. The extent of non-violent crimes are determined by the severity of loss incurred to the victim, as well as, economic damages, such as damaged property. Two of the most common non-violent crimes committed involve fraud, theft, or larceny. Here are some more examples of the most common types of non-violent crimes:

▣ Forgery
▣ Bribery
▣ Fraud
▣ Theft/Burglary
▣ Larceny
▣ Prostitution
▣ Embezzlement
▣ Arson of Personal Property
▣ Drug Possession
▣ Intoxication
▣ Illegal Gambling/Racketeering

Violent Crimes

Violent crimes are really not too difficult to point out. They are crimes that involve using force to cause physical harm to another person. Violent crimes are more serious, so naturally, they come with more severe penalties, including longer jail time, probation, fines, court-ordered penalties, and much more. The most common types of violent crimes include:

▣ Robbery
▣ Assault
▣ Battery
▣ Domestic Violence
▣ Homicide
▣ Sexual Abuse
▣ Rape
▣ Intimidation with a Deadly Weapon
▣ False Imprisonment

**Sometimes crimes such as harassment and stalking can be considered violent in a court of law if the result of the crime caused serious injury, whether physical or mental, to the victim.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Regardless of which type of crime you have been charged with, there are possible defenses for both. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to learn the best strategies for Indianapolis criminal defense. Our law firm will work around the clock to ensure your rights are protected and your freedoms are preserved. Take your best opportunity at avoiding the maximum penalties for your criminal charges, and call today. We offer free initial consultations.

Who Gets Arrested in a Domestic Violence Police Call?

If you are currently in an abusive relationship of any kind in Indiana, please visit The Indiana Coalition Against Domestic Violence to get the help and support you deserve.

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Domestic violence, also called domestic battery, is a crime that is defined in Indiana Code § 35-42-2-1.3 as any act of causing physical injury through intentionally touching to a current or former spouse. Domestic battery charges are serious, and can result in a Class A Misdemeanor or Level 6 Felony, depending on the severity and details of the crime, as well as the criminal history of the defendant. It also comes with a wide variety of legal penalties, including jail time, probation, protection orders,
child custody orders, intervention courses,
fines, fees, and much more.

If convicted of a Class A Misdemeanor, a person faces up to 1 year in jail, up to $5,000 in fines, and other court-ordered penalties like probation and intervention classes. A Level 6 Felony may render up to 3 years in prison and up to $10,000 in fines. You must retain the services of an experienced Indiana criminal defense lawyer for any chance at avoiding the maximum penalties handed down for domestic violence crimes.

What Constitutes a Spouse?

In Indiana, in order to be defined as a “domestic” battery charge, the two individuals involved must meet at least one of the following requirements:

• Spouse
• Ex-Spouse
• Share a Child
• Living Together as Spouses
• Used to Live Together as Spouses

Spouses are not just married and divorced couples in the eyes of the law. There are several factors that qualify a person as a “spouse” in a domestic battery case. Courts are obligated to consider these factors in order to determine whether or not two people are, or were, spouses.

They will consider the length of the relationship and the frequency of contact, as well as, whether or not they are financially interdependent, if they are raising children together, if they engage in activities or behaviors toward maintaining a common household, and more. If the two people are indeed considered spouses or former spouses, then it would be a domestic charge. But if a person is not a spouse in any regard, then the criminal charge would be a regular battery charge.

Who Gets Arrested at the Scene?

Many times, domestic violence calls are not made by the victims and abusers, but rather the neighbors and onlookers that call to notify police of a problem. In these cases, many people might wonder who, if anyone, will be arrested on a domestic violence police call. What if both individuals accuse the other person of battery? What if both individuals assert that no violence occurred? On the other hand, many calls are made by the victims, themselves. In these cases, who gets arrested? Will it be the accuser or the accused? Or both?

Many states have mandatory arrest policies for domestic violence calls. But in Indiana, it is up to the discretion of the responding police officers to determine if arrests need to be made. Depending on the circumstances at the scene, police may arrest one or both parties. If a cop is on the cautious side, they may make an arrest even for a simple argument between couples. If police believe that no assault occurred, it is possible that no one is arrested, but they may still follow procedures on making sure no further violence or dispute takes place. They do this by separating the two parties. It is common for an officer to politely assist one person in collecting some personal belongings and then escorting them to a safe place, such as a friend or relative’s house.

Accused of Domestic Violence in Indiana?

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 if you were recently arrested on a domestic battery charge in Indiana. He is an experienced and aggressive Indianapolis criminal defense attorney who will work hard to protect your rights and preserve your freedoms. We offer free initial consultations to discuss the best strategy for your defense. Call 317-636-7514 to get started today.

Carjacking Charges and Criminal Defense in Indiana

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Carjacking is the crime of stealing another person’s motorized property by means of violence, force, assault, or intimidation, with the intent to deprive them of their property indefinitely. Motorized property includes vehicles, boats, campers, motorcycles, and more. Without threat or force, carjacking is simply grand theft auto. In Indiana, carjacking is a classified as a violent crime and penalized severely. And since the act of carjacking generally involves additional crimes like theft and assault, a person is likely to face multiple charges, making the maximum penalties even more severe. Those convicted face long-term imprisonment, hefty fines, strict court-orders, loss of liberties, and a felony criminal record for life.

Indiana Carjacking Penalties

The carjacking statute was repealed in July of 2014, and is now included under Indiana’s general robbery statute. This means carjacking crimes face the same level of punishment as robbery crimes in Indiana.

Level 5 Felony

The general crime of carjacking is a Level 5 Felony, punishable by up to 6 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 3 Felony

If the crime of carjacking involves a deadly weapon or moderate bodily injury to another person, it is a Level 3 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 2 Felony

If the crime of carjacking involves serious bodily injury to another person, it is a Level 2 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Aggressive Defense for Violent Crime Charges

It is critical to retain aggressive legal representation immediately following a carjacking arrest if you wish to avoid jail time and other harsh consequences. Attorney David E. Lewis has a comprehensive understanding of the Indiana prosecution and criminal process, and how the government evaluates carjacking cases. With this knowledge, he uses the law in his favor to craft impenetrable defenses against violent crime charges, and pursue higher-quality outcomes for his clients. You can feel confident knowing that he is doing everything in his power to conquer your criminal charges and get you the best legal results possible. Call him today at 317-636-7514 to schedule a FREE CASE EVALUATION and secure your constitutional rights.

Indianapolis Violent Crimes Lawyer

David E. Lewis Attorney at Law

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

Don’t waste another minute living in fear after being charged with a violent crime in Indiana. Let David E. Lewis, Attorney at Law, take on the weight of your legal matters and attain a successful resolution to your case. With The Law Office of David E. Lewis in your corner, you never have to fear for your future, family, or freedom. Because he maintains open communication and never use confusing legal jargon, you are always fully aware of your case proceedings and status. He ensures that you feel like you are safe and secure, and more importantly, a priority. After you speak to David E. Lewis, your fear will subside, and you will gain confidence knowing your case is in the hands of a competent and committed lawyer. Call our office at 317-636-7514 to find your path to salvation and justice.