What to Do if You are Facing Felony Assault Charges in Indiana

Posted on April 29, 2021 by admin

If you are facing felony assault and/or battery charges in Indiana, there is no time to waste. You must get started on your defense as soon as possible if you want a chance at avoiding the maximum penalties, including jail time. Continue reading to learn what to do and how to protect yourself after being arrested or indicted on felony assault charges in Indiana.

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What is Assault and Battery?

The crime of Assault and battery is considered a violent criminality in our state. “Assault” denotes the threat of violence, whereas “battery” refers to “offensive, angry, or insolent” physical contact. Both are highly reprimanded crimes in Indiana, and those convicted could face serious life-long consequences.

Assault and Battery Charges in Indiana

If you are currently dealing with assault and battery charges, time is not on your side. It is crucial to take immediate action and hire professional legal counsel since the side of prosecution is already building their case against you. For this reason and many more, it is vital to hire an Indianapolis criminal defense law firm as soon as possible to protect your rights and preserve your freedoms. Because such charges are so serious, and come with a harsher level of penalties, it is necessary to invest in private criminal defense. It is not wise to take a public defender if you are facing a felony conviction.

Who to Trust for Indiana Criminal Defense for Assault Charges

David E. Lewis, Attorney at Law, is the tough and aggressive assault and battery attorney you need to protect your future and get you the fairest possible outcome for your case. You can trust him to defend your rights and guide you through the Indiana criminal process, all while keeping your personal best interests in mind. His years of experience and heightened knowledge of criminal law will be your primary defense weapon against over-penalization and jail time.

Ready to get your defense started? Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free case evaluation to discuss possible defenses for your felony crimes assault and battery charges in Indiana.

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

Indiana Laws Regarding Knives and Blades

Posted on April 22, 2021 by admin

Whether you’re a hunter, Boy Scout, fisherman, or simply a weapon enthusiast, it is important for you to understand the laws surrounding knife ownership, concealment, and possession here in Indiana. Regardless of our Second Amendment rights, one can still be in violation of these laws, even without knowing it.

Continue reading to review the top Indiana laws regarding knives and blades, and who to call if you were recently charged with the knife offense.

Indianapolis Indiana Criminal Defense 317-636-7514

Knife Laws in Indiana

There are various laws that regulate the ownership and possession of knives and blades in Indiana. Everything from how long the blade is allowed to be to where you’re allowed to carry it, and everything in between, knife laws are very serious in our state. If you are caught in violation of any knife laws, you could face certain penalties, such as fines and repossessions, or perhaps even criminal charges if the offense is particularly serious. Some knife violations are actually felony offenses, which can lead to jail time and much more.

Here are the knife facts you need to know in Indiana:

Switch Blades

A switchblade knife is a knife that has a button on the handle, and when you push it, the knife opens up with the spring action. Here in Indiana, switchblade used to be legal, until 2013 when they were allowed to be sold and possessed once again.

Knife Concealment and Length

Although some states have laws regulating how long blades are allowed to be an laws that require concealment when carrying a knife, Indiana does not have any laws like this. You are not legally required to conceal your knife when carrying it in public, nor are you limited to how long you want your blade. Many knife enthusiasts here in Indiana alone machetes, swords, and similar collectible pieces, and it’s perfectly legal.

Concealment Exceptions in Indiana

Although you don’t have to have your knife concealed or partially concealed when clipped to your belt or pants, there are some exceptions to this leniency. You are not allowed to carry or reveal a knife on school property, school buses, nor in airports, courthouses, or any of the places where it states that it’s strictly prohibited. Under Indiana Code 35-47-5-2.5, violating these laws would be a Class B misdemeanor.

Reckless Behavior and Violent Crimes

Here in Indiana, use of an edged weapon of any kind in a way that is violent, aggressive, or threatening is illegal and a felony.

Detachable Blades

Knives with detachable blades also have strict regulations. According to Indiana Code 35-47-5-2, you cannot display, possess, manufacture, or sell knives with detachable blades. The charge for this offense would be a Class B misdemeanor.

Chinese Throwing Stars

Chinese throwing stars are illegal in Indiana. You cannot own, sell, or manufacture Chinese throwing stars in our state, nor any weapon with blades placed at different angles. The penalty is a Class C misdemeanor. Indiana Code 35-47-5-12

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for superior Indianapolis IN criminal defense that will reduce or dismiss your criminal charges, and avoid jail time. We offer free initial consultations.

You Should Read:

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Are You Innocent of a Recent Criminal Charge in Indiana?

What are My Constitutional Rights After Being Arrested?

Posted on April 19, 2021 by admin

Whether guilty or innocent, your constitutional rights should be your top priority after experiencing an arrest. This applies whether you are physically arrested on the spot or have just received notice of an arrest warrant. Continue reading to learn exactly what your constitutional rights are during the criminal justice process, and how to find skilled and aggressive criminal defense in Indiana.

Constitutional Rights and Amendments

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. They include the 4^th Amendment, 5^th Amendment, 6^th Amendment, 8^th Amendment, and 14^th Amendment.

The 4th Amendment

This amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as decrees the limitations and requirements for search warrants.

The 5th Amendment

The 5th amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves: “nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment

This amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

8th Amendment

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime. “(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

14th Amendment

The 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. “…nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Do you want to avoid the maximum penalties and jail time for your current or pending criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

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What are My Rights at Trial?
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Understanding Your Miranda Rights

Does Your Indiana Criminal Defense Case Involve Aggravating Factors?

Posted on April 14, 2021 by admin

What are aggravating factors? If you were recently arrested in Indiana, and your criminal charges involve aggravating factors, you need to read this. Continue below to learn what you want to know about your aggravating factors, including what they mean, how they can impact your ultimate judgement, and how you can build a strong and impactful defense against them.

Indianapolis Indiana Criminal Defense Lawyers 317-636-7514

Aggravating Factors

Aggravating factors are specific facts and elements involved in your alleged offense that can make your criminal charge more serious. Ultimately, if the judge or jury finds that your criminal charges do in fact involve aggravating factors, your sentence and subsequent penalties will be harsher than if your case did not involve aggravating factors. Here’s an example: Jeff was arrested for selling drugs. The location in which he was caught by law enforcement trafficking illegal drugs was within 50 yards of an elementary school. Because his offense took place within close proximity to the school, this element would be considered an aggravating factor.

In another example, if a person were to commit the crime of assault and battery against a person, Indiana statutes would penalize them with a Class B misdemeanor. However, if their offense caused the opposing party bodily harm, it would be considered an aggravating factor to the case, and their criminal charges would be increased to a Class A misdemeanor. In the same example, if the offender used a weapon against the victim, such as a baseball bat or even a beer bottle, it would be considered another aggravating factor, so the criminal charges would be increased to a Class C felony.

Mitigating Factors

Do not confuse aggravating factors with mitigating factors. Mitigating factors, also known as extenuating circumstances, are the opposite of aggravating factors because instead of increasing the severity of the charge, they reduce it or suggest the opportunity for leniency. For example, if a person is arrested shoplifting at a store to satisfy a substance abuse addiction, their criminal charges might be reduced if they agree to alternative forms of sentencing such as drug rehabilitation. This element would be considered a mitigating factor to their case.

Are you facing aggravating factors in your current or pending criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal defense lawyer who cares about your freedoms.

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Read This if You Were Arrested But Not Convicted in Indiana

Posted on April 9, 2021 by admin

Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

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What You Need to Know About Receiving a Notice of Deposition

Posted on April 7, 2021 by admin

Did you just receive a notice of deposition in the mail, and you have no idea what it means or what you should do next? If so, you are just like millions of other deponents who have stood where you are standing now. There is no shame in being confused or scared about your obligation to fulfill your deposition duties. By preparing yourself ahead of time, which involves understanding what to expect and how to cooperate, you can ease the anxiety you might feel about being a testifier in a criminal court case, plus ensure a successful experience.

Continue below to learn what you need to know about receiving a Notice of Deposition, and where to find trusted criminal lawyer advice in Indianapolis, Indiana.

Indianapolis Criminal Trial Lawyer 317-636-7514

Why Did You Get a Notice of Deposition?

There are a few different reasons why courts use Notices of Depositions. The most likely reasons why you have received one is because the courts want to know what you know, and/or preserve your testimony for use later on, either for the actual trial or when motions are filed with the court. The authority who sent you the Notice of Deposition wants your official testimony because they think it will help prove their case. Even if you are not a party to the case, the Indiana Rules of Trial Procedure makes it legal for the parties involved to call upon the testimony of any person within 20 days of the commencement of the case.

How to Prepare for Being Deposed

You will be asked a series of questions, and expect to answer them clearly and in detail. So, prepare mentally for this interrogation-like setting. To best prepare, you should hire a defense lawyer to help you understand what to expect and how to behave during your deposition. Furthermore, they can defend you in the case that you are wrongly targeted or cornered into doing something you are not comfortable doing.

Here are some additional tips for a successful deposition:

⚖ Be Entirely Honest. Prior to giving your testimony, you will be sworn in under oath. For this reason, you do not want to lie or embellish about anything, as you could be found guilty of perjury, which comes with a lengthy punishment sheet. Be truthful with your answers, and simply answer, “I am not sure” if you do not know the answer.

⚖ Take Your Time Answering. Do not just blurt out your answers off the top of your head. The written court transcript does not show time lapses between the question and the given answer, so you can take as much time as you need. Think carefully about your answer, and do not use “uh-huh’s” and short, one-word answers. Be throughout.

⚖ Only Answer the Given Question. You do not want to offer more information than what was asked of you. Do not volunteer extra information; only answer the question that was asked. Furthermore, only answer what you actually know. Do not try to fill-in pieces of information, no matter how arbitrary or unimportant it might seem to you. Be clear, honest, and precise with your answers.

Are you looking for a trusted criminal lawyer for help with your deposition or legal case? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation with an aggressive Indianapolis criminal defense lawyer who can defend you against wrongful prosecution.

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The Importance of Witness Depositions in a Criminal Case
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What to Do if You are Charged With a DUI Felony in Indianapolis

Posted on March 19, 2021 by admin

The Law Office of David E. Lewis provides aggressive criminal defense for felony drunk driving charges in Indianapolis, Indiana. Our reputable criminal defense law firm retains the resources, skills, experience, and determination to reduce or dismiss your Indianapolis DUI charges! Continue below to learn more about the possible penalties for felony DUI convictions in Indiana, and what you can do to ensure your rights are protected and your freedoms are preserved after a serious drunk driving arrest.

Indianapolis Felony DUI Lawyer 317-636-7514

Possible Penalties for a Felony DUI in Indiana

Felony drunk driving charges are very serious offenses in Indiana. Not only does a defendant face time in jail, but they may also lose driving privileges, child custody, student aid benefits, employment, job promotion, rental housing, and much more. For these reasons alone, it is critical to have the leadership and expertise of a skilled criminal lawyer on your team following a DUI felony arrest in order to protect your rights and preserve your freedoms. A skilled criminal defense attorney like David E. Lewis will prevent your constitutional rights from being violated throughout the adjudication of your drunk driving case.

Criminal Defense for Multiple DUI Arrests

Second and third DUI offenses, as well as multiple DUI offenses, are all classified at various Levels of Felonies in Indiana. But with the help of Attorney David E. Lewis, you have a much stronger shot at getting your charges reduced, or entering into an alternative sentencing agreement. Don’t risk your future and quality of life by hiring any felony DUI attorney. Trust only David E. Lewis, Attorney at Law, to fight for your rights and protect you from over-penalization.

Breathalyzers and Field Sobriety Testing

The most important evidence collected by law enforcement at the time of a DUI arrest is a driver’s blood alcohol concentration (BAC). In Indiana, the legal limit for blood alcohol is 0.07 percent. This means anyone caught driving with a 0.08% BAC is subject to DUI charges and subsequent penalties. When you are facing DUI charges in Indiana, David E. Lewis, Attorney at Law, can build you a tough defense to get you the best possible outcome in court. He understands the urgency behind preserving driving privileges, employment, and more.

Are you in need of aggressive and skilled DUI defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation and learn more about your DUI felony, today. We represent all types of DUI’s in Indiana.

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How to Be a Good Witness in Your Own Criminal Case

Posted on March 16, 2021 by admin

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If you are asked to testify as a witness in your criminal case, or even in someone else’s, be sure you take the time to fully prepare. Start by learning how to be a good witness in your own criminal case to avoid incriminating yourself further or damaging the strength of your defense.

Indianapolis IN Criminal Defense Law Firm 317-636-7514

What TO DO and NOT TO DO as a Witness

WHAT YOU SHOULD DO:

Understand that subpoenas are serious matters that need to be dealt with in a timely fashion. After all, subpoenas are forced and mandatory court orders, and ignoring one can put you in further trouble with the law.

Be forthcoming during your testimony. Although you should not openly divulge every minute detail of your account of the case, you do need to answer all questions professionally, intelligently, and honestly; otherwise, you might face serious felony charges for perjury and contempt of court.

In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges.

Remain openly available to speak and meet with your criminal defense attorney. Your case is important, and if you want to avoid jail and the maximum penalties for your charges, be sure you are staying in touch with your lawyer when they need to contact you.

Take your lawyers advice, no matter your circumstances. Your criminal defense attorney knows what it takes to place yourself in the best possible position in front of the courts. If they tell you to do something, or avoid something, it is vital that you obey.

Dress yourself in comfortable, but professional attire for the big day. You might be in the court room for long hours, so you want to be comfortable in order to remain relaxed and focused. Just be sure you are not dressed too comfortably; dress professionally, like you are attending church or a job interview.

DO NOT:

☒ Guess or Lie – Be honest at all times. State the facts.

☒ Help – Only answer the question. Do not give additional, unrequested information.

☒ Fail to Appear or Be Late – Never miss a court date and arrive on time.

☒ Joke Around – Being funny or charming is not recommended.

☒ Answer Confusing Questions – Only answer questions you fully understand.

Are you in need of reliable criminal defense in Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation, today. He will protect your rights and preserve your freedoms!

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Were You Charged With Misdemeanor or Felony Theft in Indiana?

Posted on March 4, 2021 by admin

Contact Attorney David E. Lewis if Were Arrested on for a Theft Crime in Indiana

Whether you have pending shoplifting, robbery, burglary, or grand theft auto charges, our skilled Indianapolis criminal defense legal teams are aggressive, and can build you a strong and impactful defense to protect you from the maximum penalties for your theft charges in Indiana.

Criminal Defense Law Firm 317-636-7514 — Theft Crime Criminal Defense Lawyer 317-636-7514

Indiana Theft Charges are No Match for Attorney David E. Lewis

When it comes to theft charges, it is critical to choose the right defense attorney to preserve and protect your rights. David E. Lewis, Attorney at Law, provides a level of defense that few other firms can match. He will build a strong argument for your case to gain a more promising outcome for you and your future.

Whether arrested for burglary or grand theft auto, our Indianapolis Indiana criminal defense law firm has the drive and determination necessary to reduce theft charges, dismiss cases, or enter into an alternative sentencing agreement. Our esteemed and seasoned legal teams will stop at nothing to win a more successful outcome in court for you. We work hard to protect our client’s well-being, future, and good name.

Sentences for Theft Crimes in Indiana

In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen.

► Stolen Property Less than $750 = Class A Misdemeanor
► Stolen Property Between $750 – $50,000 = Level 6 Felony
► Stolen Property Greater Than $50,000 or a Motor Vehicle = Level 5 Felony

Preserving Your Rights and Protecting Your Freedoms After a Theft Arrest in Indiana

Attorney David E. Lewis and his seasoned staff of legal professionals know exactly how the criminal law process works here in Indiana, and on a Federal level. Our law firm has a full understanding of courtroom strategies and tactics, and remain current and well-versed in criminal legislation. Whether you are facing grand theft auto, robbery, shoplifting, burglary, or some other petit grand theft crime that falls between, our acute knowledge and years of hands-on experience gives us the litigation skills needed to get the best possible resolution to your Indiana criminal case. Attorney David E. Lewis stops at nothing to make sure your rights are protected, and your freedoms preserved. This means avoiding jail time.

Arrested for theft crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation online, over-the-phone, or in-person at our Indianapolis office.

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Your Guide to Appealing an Indiana Criminal Conviction

Posted on March 1, 2021 by admin

Although you were handed a guilty conviction by judge or jury, you do not have to accept it just yet. The U.S. Constitution gives American citizens the right to appeal their criminal conviction by requesting a new trial. Continue reading to learn more about the process of criminal appeals, and who to trust for advice regarding your recent conviction. Most often, a defendant would use their current criminal defense attorney to represent their appeal. For your appeal, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Retaining appellate criminal defense is the first step to your appeals process. Continue below to learn more.

Indiana Appellate Lawyer 317-636-7514 — Indianapolis IN Appellate Lawyer 317-636-7514

Motion to Withdraw a Plea

It is important to understand that you cannot appeal your conviction if your plead guilty, or entered a plea of no contest (nolo contendere). If you plead one of the two, you must first enter a motion to withdraw your plea, which is an entirely separate process than appeals. Under these particular circumstances, some states permit defendants to a limited indirect appeal without filing for a motion to withdraw. This is known as filing a “writ of habeas corpus.”

Because the appeals process varies greatly from state to state, the option to go this route is dependent on various factors unique to a defendant’s case and criminal charges. It is best to consult with your trusted criminal defense attorney for professional recommendations distinctive to your case.

2 Step Appeals Process

An appeal is an official legal document that states the lower court’s ruling as incorrect. They must be filed within 30 days of your conviction, so it is important to act fast if you want to move forward with turning over your conviction. There are two primary steps to filing an appeal once you’ve retained professional legal representation. The first step is to file a notice of appeal and send it to the court that sentenced you. This is a one to two page formal document that notifies the court that you are challenging their ruling against you, and that you are taking your appeal to the next highest court for re-adjudication.

Once you have sent your notice to the court, the second step is to file your appeal with the appellate court, which is the next highest court that has jurisdiction over your case. Along with filing your appeal, you must also file an “appellate brief.” An appellate brief is a document that contains a legal discussion explaining why the lower court’s ruling was incorrect. Most often, filing an appeal is not free. Not only do you have to pay for legal representation, but you must also pay to obtain a transcript record of your first case, as well as, court fees, filing fees, and more.

To get started on your appeal, contact a trusted and licensed criminal defense lawyer in your city. They have the knowledge, resources, and skill to advise you on the best course of action for your conviction. Just be sure to act fast since appeals must be filed within 30 days.

Were you convicted of misdemeanor or felony crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to file an appeal or expunge your criminal record. We offer free initial consultations to discuss your charges and the best strategies for defense!

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