FAQS About Bankruptcy Fraud in Indiana

Posted on November 6, 2020 by admin

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

Indiana Bankruptcy Fraud Attorney — A law book with a gavel – Bankruptcy law

What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

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

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.

Indianapolis Criminal Defense Law Firm 317-636-7514

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.

Brief Explanation of Indiana Gun Laws

Posted on June 10, 2020 by admin

When the topic of gun ownership comes up, everyone’s primary concern is safety, whether a gun owner or part of the general public. Indiana, like all other states, use a system of laws and regulations that consider both public safety and gun ownership. However, some state laws overlap or contradict federal law. In these cases, one’s rights can be confusing.

Continue below to learn the basics surrounding Indiana gun laws, and better protect yourself from self-incrimination and accidents.

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State Gun Control Laws

As mentioned, the purpose of our state’s gun control laws is to protect the general public, while also honoring civil rights. These laws regulate all sales, registration, and use of firearms, which include a wide array of guns. Under Indiana gun controls laws, certain firearms are illegal, including sawed-off shotguns, silencers, machine guns, and armor-piercing ammunition.

As far as requirements go to be a gun owner, Indiana does not have any laws that impose a waiting period. One does, however, have to meet certain, specific criteria to be approved to purchase a gun. Buyers are required to fill out a detailed survey, as well as a consent form for a background check. Once the data comes back, and a buyer is approved, they can complete the transaction for their new firearm.

When it comes to the criteria used to evaluate a gun buyer’s eligibility, there are come individuals who are automatically ineligible to purchase a firearm in Indiana. Such individuals include convicted felons, known drug or alcohol abusers, those who are mentally incompetent, and those who have been convicted of a crime that involved the inability to safely handle a gun. Minors under the age of 18 without a parent or guardian to sign for them cannot purchase a firearm either.

Federal Gun Control Laws

In addition to Indiana gun control laws, individuals must also adhere to all federal statutes surrounding the purchase and use of firearms. It is important to know these laws since they always trump state law in court in the case that they contradict each other. Although the 2^nd Amendment gives United State citizens the right to bear arms, the federal government has the discretion to place certain restrictions on gun procurement and ownership, as supported in the Brady Handgun Violence Prevention Act and the National Firearms Act. See our blog, “What is the Brady Bill and How Does it Relate to Gun Control?” to learn more. Some laws are the same for both state and federal. For instance, you cannot carry or have a firearm on or near school grounds (§ 35-47-9-20).

Gun laws are complex on many levels, which is why it is important to handle a firearm-related criminal charge aggressively. Do this by always taking advantage of your right to hire an attorney. Never waive your right to counsel.

Choose an Indiana Criminal Defense Lawyer Who Will Fight For Your Rights

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Are Murder Charges the Same as Manslaughter Charges?

Posted on June 1, 2020 by admin

Murder and manslaughter are not the same type of crime, yet, there isn’t always a clear line between them. Continue reading to learn the difference between murder charges and manslaughter charges, including a brief explanation of involuntary and voluntary manslaughter.

Murder

Murder is the act of a human killing another human. Many people use the terms murder and homicide interchangeably, but they are not really the same thing. A homicide is also the killing of human by another human, but it is not necessarily always a crime. You see, a homicide can be the result of self-defense, or similar justifiable action. Murder, on the other hand, is an unlawful act, and therefore, a crime regardless of the minutia.

In most states, murder is divided into different levels, usually First degree murder, Second degree murder, and manslaughter. Those suspected of premeditated murder are indicted under First degree murder charges. Those suspected of non-premeditated murder are indicted under Second degree murder charges. But not all states do this. For instance, Indiana only has one murder statute, but two types of manslaughter statutes. So in Indiana, a second degree murder charge would actually be a manslaughter charge.

Manslaughter

Manslaughter is a type of unlawful killing of a human that does not involve malice aforethought, meaning it was not premeditated. Manslaughter is further broken down into two categories: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter is also known as the heat of passion crime. Such crimes occur when a person is strongly provoked to kill, or kills in the heat of passion that is stimulated by certain provocation. Involuntary manslaughter is a type of unintentional or accidental homicide, either from criminally negligent or reckless actions.

For instance, if someone drives drunk and collides into another vehicle, killing all passengers inside, they would likely be guilty of involuntary manslaughter. If a husband unexpectedly catches his wife in bed with another man, and beats that man to death, they would likely be charged with voluntary manslaughter.

Murder and Manslaughter Penalties

Penalties handed down for murder and manslaughter depend on various factors, including the details of the crime, the skill of the defense, the jury, the residing magistrate, the age of the defendant, the age of victim/s, the manner in which the victim was killed, and much more. Such penalties differ even further from state to state. For example, here are the penalties for murder and manslaughter in Indiana:

Murder – Indiana Code Section 35-42-1-1:

Anywhere from 45 years in jail to the death penalty, with an advisory jail sentence of 55 years and fines of up to $10,000.

Voluntary Manslaughter – Indiana Code Section 35-42-1-3:

Anywhere from 10 to 30 years in jail, with an advisory jail sentence of 17.5 years and fines of up to $10,000.

Involuntary Manslaughter – Indiana Code Section 35-42-1-4:

Anywhere from 1 to 6 years in jail, with an advisory jail sentence of 3 years and fines of up to $10,000. If the offense occurred while the defendant was operating a vehicle, driving privileges are suspended for 2 to 5 years.

Aggressive and Experienced Defense For Indiana Homicide Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your Indiana homicide charges. He will stop at nothing to protect your rights and preserve your freedoms after being charged with murder or manslaughter in Indianapolis, Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

What is the Indiana Implied Consent Law?

Posted on May 27, 2020 by admin

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

Indianapolis Drunk Driving Attorney 317-636-7514

Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI misdemeanor or DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

How Do Proffer Agreements Work in Federal Criminal Law?

Posted on May 13, 2020 by admin

When a defendant is facing criminal charges on a federal level, they may benefit from a legal contract known as a proffer agreement. Continue reading to learn what a proffer agreement is, how it works, and when you might need one as a defendant in a federal court.

Proffer Agreement Basics

Law enforcement agents are required to interview, or interrogate, defendants in a federal case for the purpose of getting them to admit guilt and divulge all the information they related to the crime. Often times, defendants use this opportunity to get a reduced sentence for themselves. They assist the law enforcement agency and the U.S. prosecuting attorney in convicting other defendants in the criminal case or community by providing substantial and incriminating evidence in the form of information, video, documents, records, emails, testimony, and more.

However, this arrangement tends to cause anxiety for both the defendant and their legal team because they fear this information can be later used against them at trial to worsen their conviction and subsequent sentence. This is where proffer agreements come into play. A proffer agreement is a written, limited-immunity indenture between a defendant and a prosecutor that decrees any statements made by the defendant to law enforcement agents may not be used by the prosecutor to their detriment later on, so long as their statements match what they tell the jury at trial.

Reducing Your Criminal Sentence With a Proffer Agreement

Your eligibility for entering a proffer agreement with the United States prosecuting attorney depends on various factors. For instance, defendants charged with violent crimes are not qualified for limited-immunity arrangements. Furthermore, if your criminal case starts and stops at you, law enforcement and prosecution would have no need for further evidence or information that would incriminate others in your case.

Your best source for learning more about reducing your criminal sentence is a local and trusted criminal defense lawyer. They have the knowledge and resources to discuss your charges in a language you can understand, and build a defense that will help you avoid the maximum penalties for your criminal charges.

Who to Trust for Skilled Federal Criminal Defense in Indiana?

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a felony crime in Indianapolis or within the Central Indiana counties. Our law firm offers aggressive and experienced federal criminal defense for anyone facing felonies in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Indiana Incarceration Times for Misdemeanor and Felony Convictions

Posted on May 5, 2020 by admin

Your first priority after being charged with a crime is to contact a lawyer and schedule a consultation to discuss your case and learn your rights. This consultation will also help you understand how to protect yourself during the criminal law process. Additionally, your next priority, aside from obeying the law, is to learn as much as you can about your potential charges. Some criminal convictions come with a sentence of jail time, while others do not.

Continue reading to learn what the current incarceration schedule is for all misdemeanor and felony convictions.

Factors that Impact the Probability of Incarceration

There are several factors that determine whether or not an offender will be sentenced to jail time after being convicted of a crime. The most impactful factors are the severity of the crime, the offender’s criminal history, and whether or not the offender is a threat to themselves or the surrounding community. See our blog, “Factors That Affect Jail Sentences” to learn more about what might influence a judge or jury to recommend incarceration. These same factors, and more, will also influence the type of jail or prison an offender will be sent to, following a conviction of incarceration.

Incarceration Sentencing Statutes for Indiana

Murder → 45 Years in Jail – Death

Level 1 Felony → 20 – 40 Years in Jail

Level 2 Felony → 10 – 30 Years in Jail

Level 3 Felony → 3-16 Years in Jail

Level 4 Felony → 2 – 12 Years in Jail

Level 5 Felony → 1 – 6 Years in Jail

Level 6 Felony → 6 Months – 2.5 Years

Class A Misdemeanor → 0 – 1 Year in Jail

Class B Misdemeanor → 0 – 3 Years in Jail

Class C Misdemeanor → 0 – 30 Days in Jail

If you were just charged with a crime, take comfort in the knowing that there is a skilled criminal defense attorney nearby, ready to fight for your rights!

Where to Get Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Facts About Immunity in Criminal Cases

Posted on January 29, 2020 by admin

Our country’s Constitution gives every United States Citizen various liberties and freedoms. One of which that has to do with criminal charges is our 5^th amendment, which protects criminal suspects from self-incrimination. What does that mean for those facing criminal charges? Mostly, it means that you cannot be forced to reveal certain information that will a) directly incriminate you, or b) indirectly incriminate you by giving investigators information of incriminating evidence. In some cases, prosecutors can work their way around this amendment by offering immunity.

Continue reading to learn more about immunity in a criminal case, including the types of immunity, their potential restrictions, and who to trust for superior criminal defense advice near you.

Immunity Basics

In the case that a prosecutor suspects a person of criminal activity, but cannot get any usable information out of them as a result of their constitutional rights, they may instead offer them immunity in exchange for their testimony against another suspect or criminal group. This type of prosecution bargain is most common in cases that can lead investigators to stopping much larger, organized criminal operations, such as drug and sex trafficking, black market businesses, white collar crimes, and more.

Types of Immunity

There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony. Keep in mind that, under this arrangement, prosecution can still bring charges against an immunized suspect, so long as the charges are based on entirely independent matters unrelated to their testimony.

Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony. Essentially, this situation renders the same result as a person invoking their 5^th amendment right.

Deciding on Immunity

Because there is more than one type of immunity, it is vital to your future and your freedom to fully understand the deal being offered to you before agreeing to it and signing any documents. In fact, it is strongly encouraged to have your Indiana criminal defense lawyer review such offers and help you make the best decisions for your case. Furthermore, there are several limitations to immunity, which can also confuse or mislead you. For instance, once you agree to an immunity, you must comply and go through with the deal. If you do not, you will face various penalties, including hefty fines and jail time.

Get Trusted Criminal Defense Advice in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Indiana Penalties for Arson Crimes

Posted on January 24, 2020 by admin

When someone intentionally sets fire to something of value by means of fire, explosives, or destructive device, and property damage results, they have committed the crime of arson. Arson is NOT the crime of intentionally setting fire to cause bodily harm. That would be considered murder, manslaughter, or some other form of violent crime. But because arson has the potential to cause both property damage and bodily harm, it is a very dangerous act, and therefore, considered a very serious offense. Accordingly, each state serves to set an example of those who are convicted.

Continue reading to learn how Indiana penalizes arson crimes, and what you need to do if you were recently charged with a similar crime.

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Indiana Arson Charges and Penalties

Here in Indiana, arson is a felony. The type of felony depends on the level of arson committed. For instance, arson crimes are penalized as low as a Level 6 felony, to as high as a Level 2 felony. Here are the Indiana penalization and sentencing schedules for them:

Level 6 Felony
➢ 6 months to 2 ½ years in jail with an advisory sentence of 1 year; Up to $10,000 in fines.

Level 6 felony arson charges are often referred to as “wobblers” by criminal defense lawyers because they can usually be reduced to a Class A misdemeanor, which is less severe in terms on penalties. A Class A misdemeanor is punishable by 0 to 1 year in jail and up to $5,000 in fines.

Level 5 Felony
➢ 1 to 6 years in jail with an advisory sentence of 3 years; Up to $10,000 in fines.

Level 4 Felony
➢ 2 to 12 years in jail with an advisory sentence of 6 years; Up to $10,000 in fines.

Level 3 Felony
➢ 3 to 16 years in jail with an advisory sentence of 9 years; Up to $10,000 in fines.

Level 2 Felony
➢ 10 to 30 years in jail with an advisory sentence of 17 ½ years; Up to $10,000 in fines.

Under Indiana’s arson laws, an act of arson that harms multiple victims counts as individual offenses. This means that if an arson defendant injured 5 people as a result of their fire, they would be charged with 5 counts of arson, with each count adding up in penalties. See Indiana Code Section 35-43-1-1 to view the full list of laws and penalties for arson.

Are You Facing Indiana Arson Charges?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your felony arson 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 Indiana arson charges so that you have a chance at avoiding the maximum penalties for your suspected felony crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

When You Might Go to Jail for a DUI

Posted on December 26, 2019 by admin

Drunk driving and intoxicated driving charges are very serious, and the law uses such cases to set an example. But not all drunk driving convictions result with a jail sentence. In fact, with a good Indiana criminal defense lawyer representing your case, it is more likely that you will be ordered to alternative penalties in lieu of jail time. However, there are still plenty of DUI cases that do end up with a person spending some time in jail, which means it could happen to you if the circumstances are right. If you are ordered to serve time in jail or prison, the length of time served will depend on various factors; the same factors that out you in jail to begin with.

Continue reading to learn what these factors are so that you can better understand when a DUI arrest might send you to jail in Indiana.

Indianapolis DUI Defense Lawyer 317-636-7514

What is a DUI?

There are many acronyms to describe driving a motorized vehicle under the influence of alcohol or controlled substance. These acronyms include “DUI”, which stands for “driving under the influence”, “DWI”, which means driving while intoxicated”, and “OWI”, which means “operating while intoxicated.” The important thing to know about these three acronyms is that they all represent the same criminal charge: operating a motor vehicle while under the influence of drugs or alcohol. This includes wine, beer, liquor, street drugs, and controlled drugs like prescription medication.

DUI Enhancements

The penalties and laws surrounding such charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. Enhancements are factors and circumstances of a DUI that increase the severity of the crime. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person. These enhancements will lead to a person serving time in jail.

Going to Jail for a DUI

When DUI charges reach the felony level, there is mandatory jail time involved. You might also go to jail or prison for a DUI if you are a repeat offender, and have added enhancements to your case, like the ones mentioned above. This would be known as an aggravated DUI. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more. An aggravated DUI conviction will result in some jail time in almost all cases.

In Indiana, DUI-related car accidents are labeled as Felony DUI charges, and come with severe penalties. So, if you cause bodily harm to another person, or worse, kill someone as a result of your intoxicated driving, you will spend a lengthy amount of time in jail, and quite possibly, prison. When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Current Indiana DUI Jail Sentence Schedules for Basic Convictions:

Class C Misdemeanor – Up to 60 Days in Jail
Class A Misdemeanor – Up to One Year in Jail
Level 6 Felony – Six to 30 Months in Prison
Level 5 Felony – One to Six Years in Prison
Level 4 Felony – Two to 12 Years in Prison

Contact an Indianapolis DUI Lawyer Today

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis DUI defense lawyer, David E. Lewis. He 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 drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.