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.

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The Difference Between Robbery and Burglary

Posted on October 9, 2019 by admin

Theft is an umbrella offense, meaning it is a category that encompasses a larger scope of crimes. Two of the most common types of theft crimes are burglary and robbery. In fact, you have likely watched movies depicting sneaky burglars and quick-handed bank robbers. But many assume these two terms are synonymous, when in fact, they are quite different; especially when you ask the law.

Continue reading to learn what these two crimes mean, and what you need to do if you or someone you love is facing theft charges in Indiana.

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The Crime of Theft in Indiana

According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.

Burglary

A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

➣ Basic Commercial Burglary – Level 5 Felony
➣ Residential Burglary – Level 4 Felony
➣ Burglary Resulting in Physical Injury – Level 3 Felony
➣ Burglary While Armed with Deadly Weapon: Level 2 Felony
➣ Residential Burglary Resulting in Physical Injury : Level 1 Felony

Robbery

A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

➣ Robbery: Level 5 felony
➣ Armed Robbery: Level 3 felony

An Example of the Difference

If a person enters a bank, holds up a gun, and demands cash from the teller, they are robbing the bank. If they were to have broken into the bank after hours and stole from the safe, it would be considered burglary.

If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.

How to Defend Your Theft Charges

Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.

Indiana Theft Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, 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!

The Difference Between Aggravating and Mitigating Factors

Posted on August 5, 2019 by admin

Sometimes, when a person is charged with a criminal offense, their charges can include aggravating factors. Generally, the inclusion of such factors increase the seriousness of the charges, and therefore, the penalties upon conviction. Many people confuse aggravating factors with mitigating factors, which are quite the opposite. If you are facing criminal charges with certain aggravating or mitigating factors, it is vital that you understand what this means for your case, your defense, and ultimately, your rights to freedom.

Continue reading to learn the difference between aggravating factors and mitigating factors, including what to do if you are facing such criminal charges in Indiana.

Aggravating Factors

Aggravating factors are not something you want as a part of your criminal charges. Such factors are specific circumstances of a crime that intensify the severity of the offense, elevate the criminal charges, and increase the maximum penalties upon conviction. Here in Indiana, there are eleven aggravating circumstances provided by statute:

➀ The use of a weapon;
➁ Significant harm, injury, loss, or damage to victim;
➂ Victim of crime is less than 12 years old;
➃ Victim of crime is a senior citizen (65 years old+)
➄ Offender has delinquent or criminal history;
➅ Crime is committed in the presence or vicinity of a minor less than 18 years old;
➆ Crime violates a protection order;
➇ Crime violates probation, parole, pretrial release, etc.;
➈ Offender knew the victim of the crime was disabled;
➉ Offender had active custody or control of the victim;
⑪ Employee of a penal facility commits inmate trafficking.

Mitigating Factors

If there are mitigating factors involved in your criminal charges, you can feel a slight sense of relief. Mitigating factors are certain circumstances of a criminal offense that might influence a court to be less strict when it comes to judgement and sentencing. There are several examples of mitigating factors, some of which might include the following:

▷ Offender was strongly provoked;
▷ Substantial cause to excuse or justify the crime exist;
▷ Offender has no delinquent or criminal history;
▷ Crime was the result of conditions that are unlikely to happen again;
▷ Victim of crime encouraged or aided the offense;
▷ No bodily harm not threat of harm resulted;
▷ Offender did not know the crime would cause nor threaten serious harm;
▷ Offender is a good candidate for probation or short term jail time;
▷ Offender’s character demonstrate they are not likely to commit the crime again;
▷ Offender makes restitution to victim;
▷ Imprisonment would cause hardship to offender and their dependents;
▷ Victim is habitually abusive to offender;

Important Note:

Although the court usually compares and considers the number of aggravating factors versus mitigating factors when reaching a sentencing decision. But keep in mind that courts are explicitly allowed to enforce any sentence that is authorized by the Indiana constitution, as well as these statutes, regardless of any of the above-mentioned factors. Always consult with a licensed and experienced Indianapolis criminal defense attorney who can educate you on your case and the best course of action for defense.

Where to Get Started on Your Criminal Defense

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana 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 build you a strong and impactful defense against your Indiana criminal charges.

Facts About Indiana Death Penalty

Posted on November 5, 2018 by admin

The death penalty, also known as “capitol punishment”, is the most severe judicial penalty that can be handed down to a convict. Only those convicted of murder are eligible to be sentenced to death, but not all will face such grim sentencing. If you are interested in learning more about the Indiana death penalty, continue reading to review some common facts.

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Application of Penalty

In order for a defendant to be sentenced to death, the prosecution must prove at least one of 18 “aggravating circumstances” to be true, as identified by the Indiana General Assembly in the state’s death penalty statute, IC 35-50-2-9. The jury cannot recommend the death penalty or life without parole unless they unanimously agree that the state provided sufficient evidence that supports of each charged statutory aggravating circumstance beyond a reasonable doubt. If the jury does agree unanimously, then the court is free to sentence the defendant to either extended prison time, life without parole, or capitol punishment.

Lethal Injection

Here in Indiana, our judicial system administers the death penalty by lethal injection. A prisoner is secured to a gurney with straps, and then fitted with an IV line that will send a series of chemical controlled substances into their bloodstream. In the past, the order of lethal substances generally begun with a barbiturate for the purpose of rendering the prisoner unconscious, followed by an aminosteroidal muscle relaxant (i.e. curonium bromide) to paralyze voluntary and reflex muscles, and finished with the actual lethal substance to stop their heart (i.e. potassium chloride).

After some significant lawsuits, the Indiana legislature’s budget bill made the identity of lethal injection drug provider’s secret as of 2017. Furthermore, the Indiana Supreme Court ruled that the Indiana Department of Correction may modify or adjust the drug protocol without public review, however, the issue of secrecy continues to be litigated to this very day.

Appellate Reviews

If a jury recommends the death penalty, and the court imposes it, the ruling may be subjected to three levels of appellate review before the actual punishment is fulfilled. These include 1) direct appeal, which takes place in Supreme Court and concentrates on legal issues, 2) state post-conviction review, which focuses on representing trial lawyer competency, suppressed evidence, recanted testimonies, and similar types of negligence, and 3) federal habeas corpus review, which entails federal constitutional issues.

National Death Penalty Facts:

☛ 70% of the world’s nations have abolished the death penalty. Since the year 2000, 36 additional states have done the same.

☛ A total of 30 states, in addition to the federal government and the military, have a death penalty statute in law or practice. In contrast, 20 states do not have a death penalty statute. ☛ New Jersey repealed its death penalty statute in 2007. ☛ New Mexico repealed its death penalty statute in 2009. ☛ Illinois repealed its death penalty statute in 2011. ☛ Connecticut repealed its death penalty statute in 2012. ☛ Maryland repealed its death penalty statute in 2013. ☛ In 2015, the Nebraska legislature repealed its death penalty statute, but in 2016, a ballot measure struck down the ban. ☛ The Delaware Supreme Court struck down its state's death penalty statute in 2016.

☛ The Washington Supreme Court struck down its state's death penalty statute in 2018.

Do You Need a Murder Lawyer?

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

Call the Law Office of Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best criminal defense for Indiana murder charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You may be able to avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

Learn What Makes a Crime Violent or Non-Violent

Posted on August 7, 2017 by admin

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

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

Non-Violent Crimes

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

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

Violent Crimes

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

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

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

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

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

Who Gets Arrested in a Domestic Violence Police Call?

Posted on August 23, 2016 by admin

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

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

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

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

What Constitutes a Spouse?

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

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

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

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

Who Gets Arrested at the Scene?

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

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

Accused of Domestic Violence in Indiana?

David E. Lewis Criminal Defense Attorney

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

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

What is the Brady Bill and How Does it Relate to Gun Control?

Posted on March 10, 2016 by admin

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These days, it seems as though national gun-related crimes are gaining frequency every time we turn on the news. And from all these reports and unfortunate events, the inquiry that never fails to arise is a question of whether or not the assailant should have had access to a gun. In the United States, every adult has the right to bear arms, according to our country’s constitution. But in today’s society, it is very easy for a person to lose their right to carry, posses, own, or purchase a firearm.

The state and federal governments can disqualify an individual of these rights based on their criminal record. In fact, there is a term called, Brady Disqualified that is used in gun control law. It is related to the Brady Bill, which we will discuss further in this blog. Continue reading to learn about the Brady Bill and how it relates to gun control in our country.

Brady Disqualifications

The Brady Bill, also called the Brady Handgun Violence Prevention Act, was passed by congress in the mid-1990’s with the help of a man named James Brady. James Brady was an assistant and Press Secretary to Ronald Reagan . On March 30, 1981 in Washington, Brady and Reagan were walking in-between the Washington Hilton Hotel, on their way to the Presidential motorcade. During this walk, a man named John Hinckley Jr. shot Brady in an attempt to assassinate the President. James Brady suffered a gunshot wound to the left eye, leaving him alive, but in serious condition. He was not only blind in the left eye, he also suffered partial paralysis and slurred speech, causing him to spend the majority of his life afterwards in a wheelchair. From that day, Brady and his wife dedicated the rest of their lives lobbying for gun control. They wished for laws to place tight restrictions on handguns and other assault weapons. As a result of their passion and fervency, Brady was able to help facilitate the passing of the Brady Bill.

The Brady Bill altered the political landscape for gun ownership and possession. Any person that wished to purchase a firearm from a federally-licensed importer, manufacturer, or dealer was required to pass a full background check. An FBI-based system called the NICS check, or National Instant Criminal Background Check System, is still used to this day to run these scans. It also placed specific exclusions and restrictions on the right to own, possess, or purchase firearms.

For example, if a person has a criminal conviction that was punishable by a jail term of more than one year, is a fugitive of the law, is a habitual substance abuser, has been adjudicated as being mentally ill or committed to a mental institution, is an illegal alien, has been dishonorably discharged from armed forces, has relinquished citizenship, or was convicted of stalking, harassment, Domestic Violence Lawyer, making threats, or other Violent Crimes Lawyer, they can be Brady Disqualified from owning or possessing a firearm.

In Indiana, in order to be Brady Disqualified under any of the above-mentioned exclusions, there has to be a court order and hearing addressing the specific events that disqualifies a person of their right to bear arms. To undo a Brady Disqualification, a court order is needed. It is best to discuss your rights with an experienced criminal defense attorney. They have the knowledge and resources to accurately assess your case and divulge your rights.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call The Law Office of David E. Lewis at 317-636-7514 for information about Brady Disqualifications in Indianapolis, Indiana. David E. Lewis, Attorney at Law, is experienced in criminal defense that can help you with your legal problems. If you have been charged with a crime that could potentially preclude your right to bear arms, call Attorney David E. Lewis for help with your case. Call 317-636-7514 and schedule a free initial consultation for criminal defense in Indianapolis, IN today.

Carjacking Charges and Criminal Defense in Indiana

Posted on February 1, 2016 by admin

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

Indiana Carjacking Penalties

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

Level 5 Felony

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

Level 3 Felony

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

Level 2 Felony

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

Aggressive Defense for Violent Crime Charges

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

Indianapolis Violent Crimes Lawyer

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

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