What You Need to Know About Immunity in a Criminal Case

Posted on June 4, 2019 by admin

As a defendant in a criminal case, you should be fully aware of your 5^th amendment right, which protects you from self-incrimination. Neither courts nor law enforcement can force you to give up incriminating information about yourself, as well as, information that can lead to the discovery of incriminating evidence. This is your constitutional right as a U.S. citizen. Often times, this right is coupled with a common judicial practice known as immunity. Basically, if you are willing to cooperate and give up vital information that can help a legal case, you may be granted immunity from the maximum penalties for your part in the crime.

Continue reading to learn what you need to know about immunity, including the various types, relinquishment, and who to turn for trustworthy legal advice about testifying in court.

What is Immunity?

Legaldictionary.com defines Immunity in a criminal case as, “an exemption from criminal prosecution, or punishment on certain conditions.” So, if a person is suspected of a crime, the prosecutor might grant them immunity in exchange for information about related criminal activity, or to testify against someone in court. Overall, immunity in a criminal case is used to help prosecution obtain information about criminal activity.

Two Kinds of Immunity

There are two primary types of immunity grants used in judicial law: transactional immunity and use/derivative use immunity. Transactional immunity protects defendants from being charged in the future for the crimes they are currently suspected of or testifying about. What makes this approach interesting is that it is not recognized by federal law, yet many state laws permit transactional immunity.

Use and derivative use immunity is very similar to the foundation of transactional immunity, but with a much higher level of restrictions. If a person is granted this type of immunity, prosecution cannot use any of their statements, or any evidence exposed by their statements, against them. For this reason, it is typically offered more often by prosecutors than transactional immunity.

Waiving Immunity

Another interesting fact about immunity in a criminal case is that a defendant can relinquish their rights to immunity at any time. If they do so, prosecution can legally bring about criminal charges against them for any statements they made, or any evidence that was founded as a result of their statements.

Who to Talk to For Trusted Criminal Defense Advice

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

FAQS About Workplace Discrimination

Posted on May 29, 2019 by admin

Discrimination is against the law, therefore, it is a crime. When it comes to your job, the law protects you against such injustice, as your workplace should be a safe place, both physically and mentally. If you suspect that you are experiencing any form of discrimination or harassment amid your coworkers or superiors, it is important to educate yourself on your legal rights of action.

Continue reading to review some of the most frequently asked questions about workplace discrimination, including what you should do if you are charged with this crime.

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What is Workplace Harassment and Discrimination?

Any person who is refused employment, paid less, given separate rules and conditions, demoted, bullied, or fired due to the following is considered a victim of workplace discrimination and/or harassment:

✔ Age
✔ Race, Color, Ethnicity, and National Origin
✔ Religion
✔ Gender and Gender Identity
✔ Genetic Information
✔ Sexual Orientation
✔ Familial and Marital Status
✔ Pregnancy
✔ Disability and Handicaps
✔ Recipient of Public or Governmental Assistance
✔ Membership of Local Human Rights Commission

What are Examples of Workplace Harassment and Discrimination?

Now with a basic understanding of what workplace discrimination and harassment is, you can imagine what it might look like in a real setting. The possible circumstances of discrimination and harassment in the workplace are vast, and can come in many forms. Victims can range from men and women, to mangers and superiors themselves. Here are some detailed examples of what discrimination and harassment look like at work:

⇉ You are called racial slurs and derogatory names by your fellow employees regarding your ethnic background or appearance.

⇉ You are refused a promotion due to being pregnant.

⇉ Your superior makes sexual comments or asks you on a date, and threaten to demote or fire you if you do not comply.

⇉ Your manager scolds you and insults you regularly for not being able to speak fluent English.

⇉ You are demoted or fired for being too old, even though you have worked for the company for several years and still qualified for the position.

⇉ You ask your superior to use an empty office during your breaks for prayer time, but they refuse, even though they allow all the other employees to use it for their breaks.

Will I Be Fired or Reprimanded for Filing a Complaint at Work?

The solid answer to this question is, “NO.” You cannot get in any type of trouble for filing a harassment or discrimination complaint at work. It is against the law for employers to reprimand or mistreat any employee who does so. In fact, if you are penalized or fired for filing such a complaint, you may have legal grounds to sue.

What Can I Do if I am Being Discriminated or Harassed at Work?

If you suspect that you are a victim of workplace discrimination or harassment, start by keeping a journal. Write down the dates, times, comments, and detailed descriptions of every situation that does not feel appropriate to you. From there, you should make a report within your company regarding the discrimination or harassment.

What if My Company Does Not Help or Reprimands Me?

If you receive no help from your company, or worse, get reprimanded or further discriminated against as a result of filing a complaint, it is important to discuss your case with a seasoned Indianapolis criminal defense lawyer who can help you understand the terms surrounding your case. They have the knowledge and resources to carefully evaluate the unique circumstances of your case and recommend viable options for litigation.

What if I am Charged With Workplace Discrimination?

If you are charged with the crime of workplace discrimination, whether as an employee or employer, it is vital that you seek legal guidance as soon as possible. Talk to an Indianapolis criminal defense attorney who can help you build a strong and impactful defense to protect you against the maximum penalties for your criminal charges. In most cases, such crimes are entered into civil court, rather than criminal court, which means you will likely face a load of fines and ordered to pay recompense to the victims.

Get Started With a Free Consultation

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with a skilled Indianapolis criminal defense lawyer and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

Critical Questions and Answers About Indiana Criminal Charges

Posted on May 24, 2019 by admin

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

Here’s What You Can Do to Improve Your Criminal Case

Posted on May 20, 2019 by admin

Your criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges. For this reason, it is vital, for both protecting your rights and preserving your freedoms, to hire a seasoned and qualified attorney to build your defense. However, the fate of your legal proceedings are not entirely reliant on your lawyer; there are things you can do as well to help improve the outcome of your case.

Continue reading to learn what you can do to help your own criminal case, including who to trust to build you a strong and impactful defense to avoid the maximum penalties for your charges.

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If you are facing criminal charges in Indiana, your fate is mostly in the hands of the state prosecutor’s office since they have complete discretion over giving you a plea deal, and what goes into the agreement altogether. This is another reason why you must choose a seasoned and qualified lawyer for your defense; they are likely to have longstanding relationships with the local prosecution and magistrate community.

When it comes to prosecution giving you a plea deal, there are various factors that influence their decision. Such factors include criminal history, behavioral conduct with law enforcement, substance abuse, severity of crime and whether or not it involved bodily harm to another person, and more. It may seem like there is nothing you can do to alter their decision-making process, but that is not true.

Here are two things you can do that might help your case:

❶ Create a Sentencing Memorandum

Your criminal defense lawyer can draft a document referred to as a “sentencing memorandum”, which basically illustrates an accurate depiction of your life and who you are as a person. Topics to include in this document include your employment, level of education, goals, contribution to the local community, explanation of your criminal history, reason for committing the alleged crime, conduct since the arrest, role as a partner, spouse, parent, or legal guardian, and similar personal details about your life. This document can show the prosecution that you are not defined by your alleged crime, nor a threat to your community.

❷ Gather Character Reference Letters

Another great way to improve the outcome of your criminal case is to gather a collection of character reference letters from important members of your family, friends, co-workers, employers, and local community. These letters should be written by those you trust to be honest, yet supportive of your reputation. Examples of people to ask for character reference letters include employers, teachers, professors, mentors, friends, children, and even religious leaders. Within these letters, you would need to also include forms of verification, such as employment records, school transcripts, college acceptance letters, certificates and awards, attendance logs, doctors’ letters, and more.

Get Aggressive Criminal Defense in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

How the Law Office of David E. Lewis Sets the Bar High for Criminal Justice

Posted on May 9, 2019 by admin

When you are a client of criminal defense attorney, David E. Lewis, you can expect high standards from start to finish. He and his legal team provide professional 24/7 client communication and unparalleled client support. We understand that our clients’ needs don’t revolve around convenient office hours.

This is why we are always available by means of email or phone, and remain prepared to take action whenever our client’s, or their case, calls. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges.

Continue below to learn why the Law Office of Attorney David E. Lewis is the right choice for your criminal defense in Indiana!

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

Our Company Pledge

We vow to never give up or back down. We use every resource in our power to preserve our clients’ freedoms and protect their rights in all ways, including:

☑ Building a Custom Defense for Each Individual Client

We are determined to win an advantageous outcome in court for clients that have been charged or convicted of a misdemeanor or felony in Indiana. He uses his cunning knowledge of law, as well as his extensive trial and litigation experience, to aggressively represent his clients in both state and federal courts.

☑ Keeping Clients Fully-Informed at All Times

Our law firm understands that an arrest in the family is troubling, and everyone has several questions afterwards. This is why we work side-by-side with our clients from start to finish, guiding them throughout the entire criminal process safely and securely, all while working to win them a better outcome in court.

☑ Respecting All Clients & Never Passing Judgement

We recognize that people make mistakes, and sometimes get caught up in the wrong place at the wrong time. The law office of David E. Lewis is committed to being a strong and reliable helping hand that stays firm in order to safeguard our client’s legal rights and re-open doors for them so they may have an opportunity for a second chance in life.

Our Mission

Our hope for all our clients is simple: That they may be reunited with their families and loved ones, and get back to leading a happy and law-abiding life after a distressing arrest. Attorney, David E. Lewis can accomplish this for many people charged with a crime in Indianapolis, Indiana.

Start Today!

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. From there, will develop the best strategies for your defense so that you can avoid the maximum penalties for your criminal charges in Indiana.

What You Can and Can’t Legally Do When Stopped By a Cop

Posted on May 7, 2019 by admin

When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn what you need to know about being stopped by a cop, including how long an officer can detain you without making an arrest and more.

Cop Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may request additional documents, including vehicle registration, drivers’ license, car insurance, and title.

How to Conduct Yourself

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indianapolis criminal defense attorney for help.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, 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 criminal charges.

Is a Plea Bargain the Same as a Plea Deal?

Posted on April 19, 2019 by admin

If you are facing criminal charges, it is very likely that you will be offered some alternatives to the maximum penalties for your crimes if you plead guilty. Before taking any chances on your rights and your freedoms, be sure to discuss your legal defense options with a trusted criminal defense lawyer who can protect you. In the meantime, it will help you to clear up some confusion regarding guilty and non-guilty pleas, including how the law defines a plea bargain.

Plea Bargains

A plea bargain IS the same as a plea deal; they are legal terms that are used interchangeably to describe the same legal principal or action. In plainest terms, a plea deal is a binding legal agreement in a criminal case made between a defendant and the prosecutor in which the defendant agrees to plead guilty to the original criminal charges (or to a lesser charge or lighter sentence) instead of going to trial.

In order to receive a plea deal, a prosecutor must be willing to offer one. A defendant cannot request a plea bargain for their criminal case. Furthermore, once a defendant agrees to a plea bargain, neither they nor the prosecutor can withdraw the deal. So what do prosecutors offer in plea deals? Generally, the prosecutor will agree to recommend a lighter sentence to the court, suggest that the court drop one or more criminal charges, or agree not to compete against the defendant’s requested sentence.

Plea Deal or No Deal?

So why to defendants prefer to take plea deals instead of going to trial? Because if the defendant chooses to go to trial, the forfeit the plea deal, and risk being convicted of the maximum charges and penalties. However, courts must approve plea deals before they can be handed down to a defendant. So just because the prosecution offers a plea bargain does not mean the court will ultimately approve it for a defendant’s criminal case.

Advantages of plea deals are easy to see; not only will you be given a lesser charge, or have charges reduced or dismissed, you will also be given lighter penalties for your conviction. However, there are also grave disadvantages to accepting a plea bargain, namely waiving some of your constitutional rights, such as the right not to incriminate oneself, the right to a jury trial, and the right to confront one’s accuser. By choosing trial over a plea deal, a defendant preserves these constitutional rights and more.

Furthermore, a plea bargain always results in a conviction, which can also be a severe disadvantage. For example, if you are charged with rape, but you are entirely innocent, you may not want to falsely plead guilty under any circumstances, and then be put on a sexual offender list for the rest of your life. Worst of all, plea deals are not really set in stone. A judge or prosecutor can change their minds once the sentence is being handed down.

Talk to a Trusted Criminal Defense Lawyer

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, 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 criminal charges.

The Legal Penalties for Visiting a Common Nuisance

Posted on April 15, 2019 by admin

Did you know that your presence alone can get you charged with a crime even if you’re innocent? It’s called “Visiting a Common Nuisance”, which also relates to similar crimes called, “A Place of Common Nuisance” and “Maintaining a Common Nuisance.” Continue reading to learn what constitutes these criminal charges, what they entail in terms of jail time and court orders, as well as, how to avoid being charged with such crimes.

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A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Ella is on vacation in New York City with her best friend, Jenny. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns nor use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Ella and Jenny did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

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How Indiana Classifies Felony Offenses

Posted on April 10, 2019 by admin

If you are facing serious criminal charges, especially ones that are considered “wobblers”, meaning they can be a felony or misdemeanor depending on your plea deal, presiding judge, defense lawyer, and more, it is important that you understand just how our state classifies felony offenses. Continue reading to learn the Indiana classification system used for felonies, as well as, who to trust for aggressive criminal defense that will protect you from the maximum penalties for your particular charges.

What is a Felony?

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, such as fines and community service. The least serious classification of felonies and are casually referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney.

Prior to 2014

Back in 1977, Indiana adopted a legal classification system for felony offenses using an “A” through “D” model, with “Murder” being its own class offense. All felony offense in Indiana, then and now, are penalized with jail time. But in addition to jail time, all classifications were also accompanied with the penalty of paying fines up to $10,000.

Until 2014, the “A-D” felony classification system looked like this:

Murder: 45 to 65 Years in Prison
Class A Felony: 20 to 50 years in Prison
Class B Felony: 6 to 20 years in Prison
Class C Felony: 2 to 8 years in Prison
Class D Felony: 6 months to 3 years in Prison

After July 1^st, 2014

In 2014, the 2013 Criminal Code Revision went into effect in Indiana, thus changing the classification system for felony offenses from an alphabetic one to a numerical one. With “Murder” still being its own class offense, all felonies change from “A – D” to “1 – 6”, with a Level 6 felony being the least serious. Along with the system change, the time in prison changed as well.

After 2014, the “A-D” felony classification system change to this:

Murder: 45 to 65 years in Prison
Level 1 Felony: 20 to 40 years in Prison
Level 2 Felony: 10 to 30 years in Prison
Level 3 Felony: 3 to 16 years in Prison
Level 4 Felony: 2 to 12 years in Prison
Level 5 Felony: 1 to 6 years in Prison
Level 6 Felony: 6 months-2.5 years in Prison

Why the Change?

The primary purpose of the 2013 Criminal Code Revision was to help separate the more violent crimes from offenses known as “victimless crimes”, such as drug and paraphernalia possession. In fact, these changes significantly reduced the penalties for possession of drugs and controlled substances.

For example, if a person was caught with 3 or more grams of cocaine on them prior to the changes, they would have been charged with a Class B Felony, which at the time, was punishable by 6 to 20 years in prison. But after the changes to the criminal code, they would likely be charged with a Level 5 Felony, which is punishable by 1 to 6 years in prison.

Who to Trust for Felony Criminal Defense in Indiana

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your felony crimes. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Schedule a Free Initial Consultation, Today!

Can I Go to Jail for Keying a Car?

Posted on April 5, 2019 by admin

Property vandalism is a crime, and cars are property. What does this mean for someone who got revenge by taking a key to their ex-friend’s ride? It means legal consequences, and even possible jail time. Continue reading to learn how both state and federal law governs and penalizes car vandalism, as well as, what you need to do if you are suspected of a similar crime in Indianapolis.

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Keying a Car

Whether your boyfriend was caught having dinner with another woman, or you had a revenge plan against a pal who betrayed you, keying their car is not the right way to get back at them for their moral crimes. Why? Well, you could face some pretty strict consequences if you are caught and prosecuted.

To make matters more risky, even if your friend does not wish to press charges against you, the state still might. Vandalism comes in many forms, but regardless, all forms are illegal, and categorized under “Criminal Mischief” under Indiana Code. The offense is also referred to as “criminal damage”, “malicious trespass”, or “malicious mischief.”

Below, you will find the standard levels of offenses and their subsequent penalties for vandalism in Indiana.

⚖ Criminal Mischief (Vandalism)

Indiana Code § 35-43-1-2: “A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Less Than $750 in Total Damages = Class B Misdemeanor – Up to 180 days in jail – Up to a $1,000 fine;

$750 – $50,000 = Class A Misdemeanor – Up to 1 year in jail – Up to a $5,000 fine;

More Than $50,000 = Level 6 Felony – Between 6 months and 2.5 years in jail – Up to a $10,000 fine;

Also a Level 6 Felony if damage causes substantial impairment of service to the public, done to a public record, or to a law enforcement animal (35-46-3-4.5)

Facing Vandalism Charges in Indianapolis?

If you vandalized property, whether a car or something else, the state has two years to file charges against you. Furthermore, you can also face a civil lawsuit brought on by the victim of the vandalism in order for them to recover additional compensation for their property damages. If you were caught, or have been suspected of, vandalism within the past two years, it would be wise to hire a seasoned criminal defense attorney as soon as possible to avoid the maximum penalties for your vandalism charges in Indianapolis, Indiana.