Indiana Intimidation Laws: Understanding, Defending, and Seeking Legal Help

Posted on October 10, 2024 by admin

In Indiana, the crime of intimidation is a serious offense that can have lasting impacts on the accused. Whether you’re an Indiana resident, a criminal defendant, or someone simply interested in understanding state laws, it’s important to know what constitutes intimidation and the legal ramifications involved.

This blog post aims to shed light on the nuances of Indiana’s intimidation laws, the elements required for a charge, potential penalties, available defenses, and how to seek legal assistance. By the end, you’ll have a clearer understanding of these laws and what to do if you or someone you know is accused of intimidation.

Call 317-636-7514 if You are Facing Intimidation Charges in Indianapolis Indiana

What Is Intimidation in Indiana?

Intimidation in Indiana is defined under Indiana Code § 35-45-2-1. It involves communicating a threat to another person with the intent of making them act against their will, causing fear, or interfering with certain activities. The law considers both verbal and non-verbal threats as intimidation, thereby covering a wide range of scenarios. It’s essential to recognize the seriousness of this crime as it not only affects the victim but can also lead to severe consequences for the accused.

Understanding the legal context is crucial for anyone living in Indiana or those who might face such charges. The legislative framework is designed to protect individuals from threats, harassment, and unwanted influences, reflecting the state’s commitment to maintaining public safety and order. Therefore, even seemingly minor incidents can escalate into criminal charges, highlighting the importance of awareness and caution.

The Seriousness of Intimidation Charges

The gravity of being charged with intimidation cannot be overstated. Such charges can result in an intimidating mark on your criminal record, affecting various aspects of your life including employment and social relationships. It’s not merely a legal hurdle; it has personal and societal repercussions that can extend beyond the courtroom. Indiana takes these offenses seriously, and so should anyone who finds themselves entangled in such situations.

Understanding the Elements of Intimidation

Specific Elements Required for a Charge

A charge of intimidation typically requires three key elements. Firstly, there must be a communicated threat, which could be verbal, written, or implied through actions. Secondly, the person making the threat must intend to instill fear, coerce, or otherwise impact the victim’s behavior. Lastly, the threat must be perceived as credible by the victim. These elements collectively form the basis for establishing whether an act qualifies as intimidation under Indiana law.

It’s important to note that the prosecution must prove each element beyond a reasonable doubt to secure a conviction. This ensures that only those who truly commit intimidation are penalized. However, it also means that defendants need to be well-prepared and informed about what constitutes a charge, as even unintentional actions could potentially be misconstrued.

Examples of Intimidation Behaviors

Examples of behaviors that may lead to an intimidation charge include threats of physical harm, stalking, harassment, or any action that causes the victim to fear for their safety. It could also involve coercion to prevent someone from performing a legally protected activity or to compel them to act contrary to their interests. Each case is unique, and sometimes the context or perceived intent behind words or actions can significantly influence legal outcomes.

Understanding these behaviors can help individuals identify potential red flags, not only protecting themselves from being accused but also preventing them from inadvertently intimidating someone else. Awareness serves as a preventive measure, ensuring that interactions remain lawful and respectful.

Consequences and Penalties

Overview of Potential Penalties

Penalties for intimidation in Indiana can vary depending on the severity of the threat and the circumstances surrounding the case. Generally, intimidation is classified as a Class A misdemeanor, which can result in up to one year of jail time and fines. However, if certain aggravating factors are present, such as the use of a deadly weapon, the charge can escalate to a felony, carrying more severe penalties including longer imprisonment and higher fines.

The legal system aims to reflect the severity of the offense in its penalties, ensuring that justice is served while deterring future incidents. This underscores the importance of understanding the potential outcomes if convicted, as the consequences can be life-altering.

Impact of an Intimidation Conviction

Beyond legal penalties, an intimidation conviction can have far-reaching impacts on an individual’s life. It may affect job prospects, as many employers conduct background checks and are wary of hiring individuals with criminal records. It can also strain personal relationships and affect one’s standing in the community. Additionally, certain rights and privileges may be curtailed, significantly impacting one’s quality of life.

Recognizing these broader implications is crucial for anyone facing such charges. It highlights the necessity of taking the situation seriously and pursuing all available avenues to potentially mitigate or avoid these consequences.

Defenses Against Intimidation Charges

Examination of Legal Defenses

Several legal defenses can be employed to combat intimidation charges. One common defense is that the accused did not intend to threaten or coerce the victim, highlighting a lack of malicious intent. Proving that the threat was not credible or was misinterpreted can also serve as a viable defense. Additionally, demonstrating that the actions were protected under free speech laws may also be considered, provided the actions did not cross the line into unlawful threats.

Each case’s unique circumstances will dictate the most viable defense strategy. Therefore, it is essential to engage with legal experts who can tailor defense approaches to the specific facts and nuances of a case.

How to Respond to Intimidation Allegations

If you find yourself accused of intimidation, it is vital to respond swiftly and appropriately. Avoid making any further contact with the alleged victim and gather all relevant evidence that might support your defense. This can include text messages, emails, eyewitness accounts, or any documentation that demonstrates your intentions or context around the alleged incident.

Cooperating with legal authorities while preserving your rights is a delicate balance to maintain, and seeking immediate legal counsel can help you navigate this challenging situation effectively.

How to Seek Legal Help

Finding the Right Legal Representation

Securing competent legal representation is crucial when facing intimidation charges. Look for attorneys with experience in criminal defense and a proven track record of handling similar cases. Referrals, online reviews, and initial consultations can help you make an informed decision. It’s essential to choose someone who understands the complexities of Indiana’s legal system and can advocate effectively on your behalf.

An experienced and skilled criminal defense attorney can not only provide legal defense but also offer guidance and support throughout the process, helping you understand your options and the potential outcomes.

Importance of Early Legal Advice

Obtaining legal advice early can significantly affect the course of your case. Early intervention by a legal professional can help preserve critical evidence, prevent self-incrimination, and strategize the best defense approach. It also allows you to be proactive rather than reactive, potentially mitigating the severity of the charges or penalties.

Don’t underestimate the importance of seeking help before the situation escalates. Timely legal counsel can make a substantial difference in the resolution of your case, preserving your rights and interests effectively.

Conclusion

Understanding Indiana’s intimidation laws is crucial for residents, defendants, and anyone interested in maintaining a lawful environment. Recognizing its elements, consequences, and potential defenses helps inform actions and responses when facing such charges. The seriousness of these charges necessitates prompt legal intervention, ensuring one’s rights and future remain protected.

Remember, facing intimidation charges is not the end of the road. With the right legal support and knowledge, you can effectively address these challenges. We encourage anyone facing such a situation to consult with a criminal defense lawyer to explore options and receive personalized legal advice. Your future is worth safeguarding, and the right guidance can make all the difference.

For more information on pretrial motions or court procedures in Indiana, don’t wait to reach out to a trusted legal advisor. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will obtain the best possible outcome for your criminal case!

Being Charged With Criminal Contempt in Indiana: Your Legal Guide

Posted on July 10, 2024 by admin

If you find yourself navigating the Indiana court system, understanding various legal terms and their implications is crucial. One such term you may encounter is “criminal contempt.” Although not always well understood, being held in criminal contempt of court can have serious consequences. This guide aims to demystify criminal contempt, explaining what it means, the legal implications, and how to avoid it.

Call 317-636-7514 When You Need a Criminal Contempt Lawyer in Indianapolis Indiana

What Is Criminal Contempt?

Criminal contempt is a legal term for acts that disrespect or disobey court rules or authority. It can involve anything from disrupting court proceedings to defying a judge’s orders. Unlike civil contempt, which primarily aims to compel someone to comply with a court order, criminal contempt is punitive and seeks to uphold the court’s authority and dignity.

There are two main types of criminal contempt:

Direct contempt occurs in the presence of the court, such as yelling at the judge or refusing to answer questions.
Indirect contempt happens outside the court, like failing to follow a court order.

Legal Consequences

Being held in criminal contempt can result in fines, imprisonment, or both. It’s a serious charge that can affect your life significantly, making it essential to understand the charges fully and seek appropriate legal help.

The Process of Being Charged with Criminal Contempt in Indiana

Understanding the legal process involved can be the first step in navigating criminal contempt charges effectively. Here are some elements of the process to expect:

Initiating Contempt Proceedings

Contempt proceedings usually start when a judge notices a violation. The judge can then initiate contempt proceedings on their own or based on a complaint by another party.

Hearings and Legal Formalities

If you are charged, you’ll have a hearing where the court will determine whether you are guilty of contempt. Unlike other criminal offenses, contempt hearings can sometimes be more summary, meaning they can proceed quickly and without the usual full trial process.

Possible Outcomes

If found guilty, the court can impose various penalties, including fines or jail time. The specific consequences often depend on the nature of the contempt and the judge’s discretion.

Legal Rights and Defenses

Being charged with criminal contempt does not mean you are without rights. Knowing your legal rights and potential defenses is crucial. Here are some examples of both:

Right to a Fair Hearing

You have the right to a fair hearing. This includes being notified of the charges and having an opportunity to present your side of the story.

Common Defenses

Several defenses can be utilized:

Lack of Intent – Arguing that the contemptuous act was unintentional.
Compliance – Showing that you complied with the court’s orders.
Invalid Order – Challenging the validity of the court order you allegedly violated.

Importance of Legal Counsel

Having an experienced attorney can make a significant difference in the outcome of your case. They can help you understand the charges, prepare a defense, and represent you in court.

Tips to Avoid Being Held in Contempt

Preventing contempt charges is always better than fighting them. Here are some tips to help you avoid actions that could lead to being held in contempt:

Respect Court Proceedings: Always show respect for the court. This includes the judge, attorneys, and other court staff. Disrespectful behavior can quickly lead to contempt charges.
Follow Court Orders: Make sure to follow any court orders to the letter. If you have any doubts about what is required, consult your attorney for clarification.
Be Honest and Cooperative: Lying or being uncooperative can also result in contempt charges. Always be honest and cooperative during court proceedings.

The Role of Defense Attorneys in Criminal Contempt Cases

Legal representation is crucial when dealing with criminal contempt charges. A knowledgeable defense attorney can help you understand your rights, build a strong defense, and represent you effectively in court.

Why You Need a Defense Attorney

A criminal contempt charge is a serious matter that can have lasting effects on your life. A defense attorney can help you:

Understand the charges and potential penalties.
Explore all possible defenses.
Navigate the legal process.
Advocate for your rights in court.

Choosing the Right Attorney

When selecting a defense attorney, consider their experience and expertise in handling contempt cases. Look for someone who is knowledgeable about Indiana law and has a proven track record of success.

Conclusion

Understanding criminal contempt and its implications is vital for anyone involved in the Indiana court system. By knowing your rights, following court orders, and seeking appropriate legal representation, you can better navigate the complexities of criminal contempt.

Are you ready to discuss the best defense strategies for your specific legal situation? Contact Attorney David E. Lewis at 317-636-7514 today to schedule a free consultation and take the first step towards a strong defense. We’re here to help you understand your legal rights and provide the guidance you need to avoid being held in criminal contempt. We will get you the best possible outcome to your criminal case!

What to Do in a Police Encounter: Safety and Legal Advice

Posted on April 17, 2024 by admin

Encountering law enforcement can be a source of anxiety or confusion for many. But having a clear understanding of your rights and knowing how to act during a police stop is not just a safeguard for you—it’s an exercise of the very principles that underpin our society.

This comprehensive guide offers insights into constitutional protections, legal advice, and community support to ensure that you can confidently assert your rights during any police interaction. Whether you’re a passionate civil rights activist, a young adult navigating your legal landscape, or a general enthusiast seeking clarity, this post is a vital resource.

Call 317-636-7514 When You Need a Qualified Criminal Defendant Lawyer in Indianapolis

Understanding Your Rights and Remaining Calm

Know the Basics

The starting point in preparing for a police encounter is to understand the fundamental rights granted by the constitution. These include the right to remain silent, the right to an attorney, and protection from illegal searches and seizures. You should understand the extent of your Miranda rights, which protect your privilege against self-incrimination.

Staying Composed

Remaining calm is one of the most important steps during an interaction with the police. It allows you to think clearly and respond appropriately. Remember that although an officer may be assertive in their questioning, it is within your rights to calmly exercise your privileges.

Assertive Communication

When engaging with law enforcement, assertive—but respectful—communication is key. Polite refusal with phrases like “I am choosing not to answer questions” or “I do not consent to a search” can help assert your rights without escalating the situation.

Essential Legal Advice for Personal Safety and Protection

Knowing the Law

There are nuances to the legal system that can be complicated and difficult to master, especially in the heat of a police encounter. Familiarize yourself with the specific laws in your area regarding interactions with the police.

Immediate Actions to Take

If you feel your rights have been violated, note the details of the interaction as soon as it is safe to do so. Remember badge numbers, vehicle types, and names. Seek legal aid afterward to understand your recourse options.

Filming Encounters

In many places, video recording police encounters is within your rights and can serve as crucial evidence. Always consider safety first, but if possible, use your cellphone to record interactions from a safe distance.

Navigating Real-Life Scenarios with Finesse

Traffic Stops – During a traffic stop, pull over safely, stay in your vehicle, and keep your hands on the wheel. Engage with the officer politely and comply with requests without sacrificing your safety or rights.

Public Demonstrations and Protests – Participating in a protest? You still have rights. Understand the rules set by the organizers, know the role of legal observers, and be prepared for the possibility of arrest.

Home Encounters – When law enforcement shows up at your home, you have rights regarding entry and search. Ask for a warrant but also consider the urgency and nature of the police presence to make informed decisions about your response.

Leaning on Community Support and Resources

Local Organizations – Research and become familiar with local civil rights organizations and resources that specialize in providing support and legal advice during police encounters.

Building a Network – Connect with like-minded individuals in your community to share experiences, knowledge, and advice on navigating police interactions and the legal system.

Post-Encounter Support – In the case of an arrest or violation, lean on community support groups for assistance with legal representation and understanding the next steps in your specific case.

Conclusion

Encounters with law enforcement are more than personal inconveniences. They are opportunities to stand up for the principles that make our justice system just. By knowing your rights, staying informed, and staying vigilant, you not only protect yourself but also contribute to the collective defense of civil liberties. Share this guide with your peers, encourage open conversations about personal experiences, and stand together in the pursuit of justice.

Speak with a Lawyer

If you are facing charges or need assistance with a recent arrest, don’t hesitate to seek legal counsel. A lawyer can provide the tailored advice and representation necessary to navigate the complexities of your specific situation. Your voice, your rights, and your future are worth fighting for—take the crucial step of seeking professional legal guidance.

If you are facing criminal charges after a wrongful or unconstitutional arrest, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Stay Calm and Collected: How to Interact With Cops

Posted on January 16, 2024 by admin

Interactions with police officers can often be daunting and nerve-wracking. However, understanding how to stay calm and collected during such encounters is crucial and can significantly affect the outcome. This blog post aims to educate readers on effectively managing cop stops, ensuring their rights, particularly their Miranda Rights, are upheld, and fostering a respectful engagement with police officers. Keep reading to gain insight into this important aspect of civic life.

Call 317-636-7514 For Criminal Defense Representation in Indianapolis Indiana

What You Need to Know About Interacting With Police

Police stops, also known as cop stops, occur when a law enforcement officer initiates contact with an individual or a vehicle. These encounters can be initiated for various reasons, such as traffic violations, suspicious behavior, or responding to a call for assistance. It is essential to understand that these interactions are not always avoidable and being prepared can make a significant difference.

Stay Calm

The first and most crucial tip for interacting with cops is to stay calm. It may be easier said than done, but it is imperative not to panic or act aggressively during such encounters. Take deep breaths and maintain a composed demeanor, even if you feel agitated or anxious. Remember that police officers are trained to assess and manage intense situations, and staying calm can help de-escalate the encounter. Additionally, if you are nervous or anxious, communicating this fact to the officer in a respectful manner can also help diffuse any tension.

Know Your Rights

As a citizen, it is crucial to understand your rights when interacting with cops. The most important being your Miranda Rights. These rights are read to individuals when they are taken into custody and include the right to remain silent, the right to an attorney, and if you cannot afford one, one will be provided for you. It is essential to remember that these rights apply at all times during a cop stop, even before an arrest is made. If the officer fails to uphold your Miranda Rights, any statements you make during the encounter may not be admissible in court.

Be Respectful and Cooperative

Being respectful and cooperative towards police officers is crucial, even if you feel like you are being unfairly treated or stopped. Remember that these individuals are carrying out their duties as law enforcement officials, and disrespect or aggression can only escalate the situation. Be mindful of your tone and body language, and always address the officer with “sir” or “ma’am.” Additionally, if you are asked to comply with requests such as providing your identification or stepping out of your vehicle, it is best to do so calmly and without resistance.

Seek Legal Assistance if Necessary

In some instances, despite staying calm, knowing your rights, and being respectful, law enforcement encounters can still result in an arrest or charges being pressed against you. In such cases, it is essential to seek legal assistance immediately. A qualified criminal defense attorney can help protect your rights and offer guidance on how to navigate the legal system. Remember that you are innocent until proven guilty, and having a legal representative by your side can make all the difference.

Conclusion

In conclusion, interacting with cops can be a nerve-wracking experience, but it is essential to know how to handle such encounters effectively. Staying calm, knowing your rights, being respectful and cooperative, and seeking legal assistance if necessary are essential factors that can significantly impact the outcome of a cop stop. By following these guidelines, you can ensure a safe and respectful interaction with police officers. Remember, being informed is the key to staying calm and collected during such encounters.

Would you like to build a strong case against your Indiana criminal charges? 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!

Defending Against Disorderly Conduct Charges: A Roadmap For Indiana Residents

Posted on November 15, 2023 by admin

Facing disorderly conduct or public intoxication charges can be an overwhelming experience, particularly if you’re uncertain about your legal rights and potential defenses. In Indiana, these criminal charges carry significant penalties and societal stigma, making it crucial to understand the law and how to navigate the legal terrain effectively.

This blog post aims to provide Indiana residents with a comprehensive roadmap to defend against disorderly conduct charges. We’ll cover everything from what constitutes disorderly conduct and public intoxication under Indiana law, to the potential legal defenses available and the importance of seeking skilled legal representation. So, let’s dive in!

Call 317-636-7514 if You are Facing a Disorderly Conduct Charge in Indianapolis Indiana

What is Disorderly Conduct and Public Intoxication?

Before we discuss how to defend against these charges, it’s essential to understand what they entail. According to Indiana Code 35-45-1-3, disorderly conduct is defined as “intentionally making unreasonable noise and continuing to do so after being asked to stop.” This can include shouting, screaming, or engaging in other disruptive behaviors in a public place. On the other hand, public intoxication is defined as being under the influence of drugs or alcohol and posing a threat to oneself or others in a public place.

Most Common Types of Disorderly Conducts in Indiana:

Fighting or Engaging in Violent Behavior

Under Indiana law, it is illegal to fight or engage in any type of violent behavior in public. This includes physical altercations between two or more people as well as the use of weapons such as guns and knives. Any person who engages in fighting, intimidation, or violent behavior can be charged with disorderly conduct and may face fines and/or jail time if convicted.

Disturbing the Peace

It is also illegal to disturb the peace in Indiana. This includes activities such as shouting, playing loud music, and otherwise creating loud noises that can be heard by other people in the area. Additionally, it is against the law to make any type of statement that could be considered offensive or insulting towards another person or group of people.

Obstructing a Public Place

It is also illegal to obstruct a public place in Indiana. This includes activities such as blocking entrances and exits to buildings, preventing people from entering certain areas, and otherwise making it difficult for people to move around freely in public places. Additionally, it is against the law to interfere with emergency personnel while they are performing their duties.

Refusing to Leave When Asked

Finally, it is illegal to refuse to leave an area when asked by police officers or other authorized individuals. This includes refusing to leave private property when asked by the owner or refusing to leave a business establishment after being asked by store staff members or security personnel. Refusing to leave when asked can result in charges of disorderly conduct and potential fines and/or jail time if convicted.

Potential Legal Defenses for Disorderly Conduct Charges

If you are facing disorderly conduct or public intoxication charges, know that there are potential legal defenses that can be used to fight against them. These may include:

► Lack of intent: Remember, disorderly conduct charges require intentional behavior. If you did not intend to cause a disturbance or were unaware of your actions due to intoxication, this could be an effective defense.

► False accusations: In some cases, individuals may be wrongfully accused of disorderly conduct or public intoxication. Your attorney can help investigate and gather evidence to prove your innocence.

► Unreasonable noise: If the “noise” in question was not unreasonable, you may have a valid defense. For example, if you were singing along to music at a reasonable volume, this would not constitute disorderly conduct.

The Importance of Legal Representation

When facing criminal charges, it is crucial to seek the help of an experienced criminal defense attorney in Indianapolis. They will have a thorough understanding of Indiana’s disorderly conduct and public intoxication laws and can use their knowledge and skills to build a strong defense on your behalf. Additionally, having legal representation can significantly improve your chances of achieving a favorable outcome, such as reduced charges or dismissal.

Final Thoughts

Being charged with disorderly conduct or public intoxication in Indiana can have severe consequences, including fines and even potential jail time. However, understanding the law and having a skilled defense attorney on your side can help you navigate the legal process and potentially achieve a positive outcome. We hope this roadmap has provided useful information for Indiana residents facing these charges and emphasized the importance of seeking legal representation.

If you or your loved one has been charged with this crime or any other, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

How Cops Respond to Domestic Violence Calls in Indiana

Posted on February 14, 2023 by admin

Domestic violence is a serious problem in Indiana and across the United States. According to governmental data, in 2019 there were an estimated 1.2 million domestic assaults reported to law enforcement agencies nationwide. Unfortunately, it’s likely that many more cases of domestic violence go unreported and undetected each year.

In Indiana, law enforcement officers are trained to respond quickly and effectively when called upon for assistance with a domestic dispute or complaint. The state has specific laws in place that dictate how police should handle these types of calls to ensure the safety of all involved parties while also providing victims with necessary resources and support services they need to get out of dangerous situations.

In this blog post, we’ll take a closer look at how law enforcement responds to domestic violence calls in Indiana so you can be better informed about your rights and responsibilities if you ever find yourself facing such a situation.

Call 317-636-7514 to Speak With a Domestic Violence Lawyer in Indianapolis. — Call 317-636-7514 to Speak With a Domestic Violence Defense Lawyer in Indianapolis.

Domestic Dispute Police Response Process in Indiana

When law enforcement is called to respond to a domestic dispute in Indiana, the officers must first assess the situation. They will ask questions, such as whether or not any weapons are present, and take note of other signs that could indicate domestic violence is taking place. If it appears that an act of domestic violence has occurred, the officers must comply with certain procedures, such as interviewing any involved parties and performing a protective sweep of the dwelling.

The officers must also make sure that any victims of domestic violence are taken out of immediate danger and provided with appropriate resources, such as temporary housing or restraining orders. The officers must also take necessary steps to ensure the safety of all parties involved by making sure that any weapons present are collected and securing the scene.

In Indiana, law enforcement officers have an obligation to protect victims of domestic violence. They must evaluate each situation independently and determine if there is probable cause for arresting someone or issuing a Domestic Violence Order of Protection. If so, they can take necessary steps to provide victims with the safety and security they need to get out of a dangerous situation.

Cooperate With Police and Stay Calm

Whether the victim, the accused, or both, always be polite with law enforcement, as they are there to help. Guilty or not, if they place you under arrest, remain calm and don’t say another word until you have spoken with your Indianapolis criminal defense attorney. Once you are booked into the jail system, you can contact your lawyer and get bonded out of jail. From there, you will work on your defense.

Overall, it’s important to remember that law enforcement officers in Indiana take domestic violence calls seriously, and their primary goal is to protect victims and ensure the safety of all parties involved. If you ever find yourself in such a situation, please know that help is available, and you should not hesitate to call for assistance.

Putting an End to Domestic Violence

It’s important that we all work together to end domestic violence and make sure that those affected by it get the help they need urgently. And by working with law enforcement and other organizations dedicated to ending domestic violence, we can ensure that everyone in Indiana has access to the resources and support services they need. Let’s all play a role in making sure our state is free from domestic violence.

If you or someone you know is in a dangerous situation, don’t hesitate to reach out for assistance. Contact 911 in the case of an emergency. You mat also contact your local law enforcement office or visit the Indiana Coalition to End Domestic Violence website for more resources and information.

If you have been falsely accused of domestic violence, hire an aggressive lawyer who can protect your rights and get your charges dropped in Indiana. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced domestic violence defense lawyer in Indianapolis. Meet by phone or in person at our law office, based conveniently in Downtown Indy.

FAQS About Domestic Violence Arrests and Charges in Indiana

Posted on December 5, 2022 by admin

When someone is involved with domestic violence in Indiana, whether as a victim, perpetrator, or accused defendant, they may be unsure of what to expect next. In this post, we will explore the process that follows an arrest and outline the possible penalties that can be imposed. Continue below to review some relevant FAQs about domestic violence arrests and charges in Indiana.

Call 317-636-7514 To Speak With a Domestic Violence Attorney in Indianapolis, Indiana.

Frequently Asked Questions About Indiana Domestic Violence Laws

What is Domestic Violence?

Domestic violence is a pattern of behavior in which one partner in a relationship uses power and control to harm the other partner. domestic violence can take many forms, including physical, sexual, emotional, and financial abuse. Domestic violence, also known as domestic abuse or relationship abuse, is not just about violence itself; it is about power and control. domestic violence is a serious problem that can have lasting effects on victims, including children who witness domestic violence. domestic violence is preventable, and there are many resources available to help victims and their families. If you or someone you know is experiencing domestic violence, please reach out for help. There are many people who care and are ready to help. You are not alone.

What are the Different Types of Domestic Violence Charges That Can Be Made?

domestic violence is a serious problem across the United States, and Indiana is no exception. A report released in April by the Domestic Violence Network (DVN) found domestic violence-related calls made to IMPD jumped from more than 18,000 in 2019 to more than 30,000 in 2020. And according to the Indiana Coalition Against Domestic Violence (ICADV), between 2020 and 2021, there were 98 intimate partner violence-related fatalities, showing a 181% increase from the previous year.

There are a variety of different domestic abuse charges that can be made in Indiana. These include battery, strangulation, intimidation, domestic battery by means of a deadly weapon, and kidnapping. The penalties for domestic violence vary depending on the specific charge, but they can range from a misdemeanor to a felony. In some cases, a domestic violence conviction can also result in the loss of custody of children or the loss of the right to possess firearms.

What Happens After a Domestic Violence Arrest Is Made?

Once a domestic violence arrest is made, the accused will be taken into police custody and processed. This usually involves being fingerprinted and photographed and may also include a search of their personal belongings. The accused will then be placed in a holding cell until they can be brought before a judge. At this point, the judge will determine whether there is enough evidence to keep the accused in custody pending trial. If so, the accused will be remanded to jail until their trial date. If the judge decides that there is not enough evidence, the accused will be released on bail. In either case, it is important to remember that domestic violence is a serious crime and defendants should always consult with an experienced criminal defense attorney before making any decisions about their case.

How Can Victims of Domestic Violence Get Help?

If you or someone you know has been the victim of domestic violence, it is important to seek help as soon as possible. There are a number of resources available in Indiana, including domestic violence shelters and crisis lines. You can also contact the Indiana Coalition Against Domestic Violence for more information. Remember, domestic violence is never acceptable, and help is always available.

National Domestic Violence Hotline: #800-799-7233
Hours: 24/7

How Can I Protect Myself if I Am Accused of Domestic Violence?

If you are accused of domestic violence, it is important to take the allegations seriously. Domestic abuse can have a lasting impact on the victim, and it is important to get help if you are struggling with this issue. You should contact a criminal lawyer in Indianapolis you are facing domestic violence charges. An attorney can help you understand the charges against you and provide guidance on how to best protect yourself. They can also help with restraining orders and child abuse cases.

If you are convicted of domestic violence, you may face a number of penalties, including jail time, fines, and a restraining order. You may also be required to attend counseling or treatment programs.

If you are facing domestic violence charges in Indiana, it is important to get help from an experienced Indianapolis criminal defense attorney to protect your rights. Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free consultation to discuss the best strategies for beating or reducing your domestic abuse or disorderly conduct criminal charges.

What are the Penalties for Public Intoxication in Indiana?

Posted on October 26, 2022 by admin

Halloween weekend is coming up! Are you prepared to celebrate safely?

Responsible drinking is all about making sure that you drink alcohol in a way that doesn’t put your health or safety at risk. It also means not drinking so much that you end up harming yourself or other people. But this time of year, social gatherings and celebrations are on the rise, as is the case with alcoholic libations. If you plan to hit the town this Halloween weekend, be sure you are prepared to drink safely and responsibly. Even if you don’t drive, being drunk in public in Indiana can get you arrested.

Continue below to learn what might happen if you are arrested and charged with public intoxication on Halloween, plus some important tips for responsible drinking.

Public Intoxication Lawyer Indianapolis Indiana 317-636-7514

Indiana Public Intoxication Charges Should Not Be Taken Lightly

Public intoxication is a criminal offense in Indiana. The law defines public intoxication as being in a public place while intoxicated to the point that you may endanger yourself or another person. The penalties for public intoxication depend on whether it is your first offense or if you have been convicted of the offense before.

► First Offense: You can be fined up to $500 and/or imprisoned for up to 60 days.

► Second Offense: You can be fined up to $1,000 and/or imprisoned for up to 180 days.

► Third+ Offense: If you are convicted of public intoxication three or more times, you can be fined up to $10,000 and/or imprisoned for up to one year.

In addition to the criminal penalties, you may also be required to complete an alcohol or drug treatment program. If you are convicted of public intoxication, it will also go on your criminal record. This can make it difficult to find a job, rent an apartment, or get approved for loans.

If you have been charged with public intoxication in Indiana, it is important to contact an experienced Indianapolis criminal defense attorney as soon as possible. A criminal lawyer can review the facts of your case and help you understand your options. They can also negotiate with prosecutors on your behalf and work to get the charges reduced or dismissed.

Tips For Drinking Responsibly Over the Holidays

There are a few key things to remember if you want to drink responsibly:

🎃 Drink slowly and have plenty of non-alcoholic drinks in between alcoholic ones

🎃 Avoid rounds of drinks or ‘shouts’, as these can lead to you drinking more than you intended

🎃 Don’t drink on an empty stomach – food will help slow down the absorption of alcohol into your system

🎃 Know your limit and stick to it

🎃 Don’t drink if you’re taking medication that could interact with alcohol

If you follow these simple guidelines, you’ll be well on your way to drinking responsibly and reducing the risks associated with alcohol consumption. So, have a safe and happy holiday season!

Were you or a loved one arrested over the Halloween weekend? Do not try to handle your case on your own, hire a private lawyer today. Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Do I Have to Let Police in My House if They Show Up With a Search Warrant?

Posted on March 22, 2022 by admin

Law enforcement can certainly be intimidating. Even if you are compelled to oblige by all their commands and requests, do you legally have to? This is a common conundrum for those who are faced with a search warrant at home. Are you required under law to let the police inside your house if they have a search warrant? What might happen if you refuse? Do you have the right to refuse and later appeal a search warrant in court?

Continue reading to learn what you should do if the cops show up at your place of residence with a valid search warrant signed by a judge or magistrate.

Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514

Search Warrant Facts

In order to get a search warrant, police must submit an affidavit to a judge explaining in great detail the property to be searched, what they are looking for within the property, which property they intend to seize, which type of crime is related to the location of the search, and more. Upon approval of probable cause, a judge will sign a search warrant, which is a court order giving law enforcement authority to explore whatever property stated within the warrant decree.

Any property or areas of the home that are not specifically listed in the search warrant cannot be legally searched by police. However, there is an exception to this rule. It is known as the plain view doctrine. Basically, if something illegal is in plain sight during the process of executing a search warrant, police can further investigate that area under reasonable suspicion.

Police may have a court order to search vehicles, homes, computers, cell phones, storage units, sheds, barns, greenhouses, safes, and more. Once approved and signed by a judge, police have ten days to execute a search warrant, and they can choose to execute a search warrant any time of day or night, including times they know the property will be vacant or unsupervised.

You see, one important fact you need to know about search warrants is that most of them give police permission to search the property without the owner’s permission. Some will have a “knock and announce” rule, but most judges eliminate this rule these days. Even with the rule, there are exceptions.

So, what does all this mean for you if police show up to your home with a search warrant signed by judge? It means that you must comply or else face additional legal consequences.

Consequences of Obstructing a Search Warrant

There are serious consequences that come with obstructing a search warrant. Most often, those who refuse to allow police to come inside their home or behave in a way that is disruptive to the execution of a search warrant, can be arrested for criminal offenses like disorderly conduct, obstruction of due process, contempt of court, and much more.

If this has happened to you recently, or if you are dealing with any type of arrest or bench warrant, it is important to retain a licensed Indiana criminal defense attorney who can fight your charges and help you avoid the maximum penalties you are facing.

Are you facing criminal charges or an arrest warrant? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Is Prank Calling a Crime in Indiana?

Posted on March 2, 2022 by admin

We’ve all been there at some point in our childhood. Prank calling is almost an expected milestone of growing up. But can it come with some unexpected consequences? Continue reading to learn how prank calling can go from an innocent and playful trick to an actual Indiana crime.

Harassment Charges Lawyer Indianapolis Indiana 317-636-7514

Harassment Laws in Indiana

Although prank calling is a common practical joke, it can be taken too far. In such cases, criminal charges can be filed against the caller in Indiana. Harassment is the most common and likely criminal charge that can arise from a prank calling situation. However, there are some other criminal charges that a person can face, such as disorderly conduct, hate crime, and even wiretapping. Criminal charges and subsequent penalties for prank calling will vary among jurisdictions.

Harassment

One can be charged and convicted of harassment as a result of prank calling activity if their calls are late at night, incessant, derogatory, aggressive, sexual in nature, or threatening. The scale on which the law categorizes and penalizes prank call harassment will vary from county to county.

Disorderly Conduct

If a person disrupts the peace of the community or behaves in a way that is alarming or threatening to others, they can be arrested and charged with disorderly conduct. Most disorderly conduct charges stem from drunk or drugged situations, but prank calling in a way that causes fear, anxiety, and/or discomfort can lead to such legal consequences.

Hate Crime

In the case that prank calling activity involves derogatory remarks, sounds, and impressions pertaining to race, nationality, ethnicity, religion, gender, sexual orientation, or disability, a caller could face hate crime criminal charges. These are serious criminal charges that often come with severe penalties, like heavy fines and jail time.

Wiretapping

Wiretapping criminal charges are on more of a white-collar crime level. If prank calling involves recording the conversation without the mark’s knowledge, and therefore, consent, the caller could be charged with wiretapping. Wiretapping is a felony, which renders heavy fines, community service, and jail time.

Did some prank calling get you or your kids in trouble with the law recently? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!