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.

Indianapolis Vandalism Lawyer 317-636-7514

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.

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!

Criminal Defense Lawyer Indianapolis IN — Criminal Defense Lawyer 317-636-7514

Is Peeping Tom a Real Law in Indiana?

Posted on April 2, 2019 by admin

We’ve all heard of a “peeping Tom”; but what does it really mean? And furthermore, is it a real crime recognized by the state of Indiana? These are common questions asked by both suspected victims and perpetrators of privacy offenses. Continue reading to learn what you need to know about “peeping Toms”, including where the term originated from, what the Indiana law says about it, and what you can do if you are suspected of the crime.

What is a “Peeping Tom”?

The phrase “Peeing Tom” is said to have originated in 11^th Century England from Lady Godiva’s infamous nude ride through the streets of Coventry. After ordering the town to close all windows and shutters to avoid seeing her naked, a tailor supposedly named Tom bore a hole in his shutters in order to catch a peek at the Queen. The story goes on to say that the tailor was instantly struck blind, or later died, as a result of his offense.

Although we cannot know the true context of this century-old tale, modern governments do recognize peeping Tom-like crimes. A “peeping Tom” is colloquially defined as an unauthorized person who sneakily looks into a window, door, or other private opening into a dwelling, and spies on an oblivious person (or persons), all for the purpose of sexual pleasure and excitement. In virtually all cases, a peeping Tom is looking onto those who are undressing, in the nude, or partaking in sexual activity with someone else.

The Indiana Law

In our state, the law does have something to say about peeping Toms; it’s called voyeurism. The matter is criminalized in the Indiana voyeurism statute IC 35-45-4-5, which states that a person “who knowingly or intentionally:

(A) peeps; or

(B) goes upon the land of another with the intent to peep;

into an occupied dwelling of another person; or

(2) who knowingly or intentionally peeps into an area where an

occupant of the area reasonably can be expected to disrobe,

including:

(A) restrooms;

(B) baths;

(D) dressing rooms;

…without the consent of the other person, commits voyeurism.

Charged With Voyeurism in Indiana?

Indianapolis Criminal Defense 317-636-7514

In Indiana, the penalty for voyeurism ranges from a Class A misdemeanor to a Level 6 Felony, depending on the specific details of the crime. If you were recently charged with a peeping Tom crime, contact a licensed and experienced Indiana criminal defense attorney to avoid the maximum penalties for your charges.

Call 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.

Answers to Your Questions About Public Defenders

Posted on March 27, 2019 by admin

When facing criminal charges in the United States, a defendant is given the privilege of choosing between public or private criminal defense. By opting for a public defender, a person is not obligated to pay for lawyer fees. But there is more to know and understand about public defense before moving forward with such representation.

Continue reading to review some common questions regarding public defense, and who to call for trusted legal advice in Indianapolis.

What is a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges.

Are Public Defenders Real Lawyers?

Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. The major difference between private and public defense is case load. Public defenders are usually much busier, and have multiple cases working at once, which takes away from the time they can put into to a person’s defense.

Can Anyone Have a Public Defender?

If a defendant opts for a public defender, one will be appointed to them until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

When Will I Be Offered a Public Defender?

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty’ or ‘not guilty’ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

Should I Choose Public Defense?

For serious criminal charges, private representation is vital in order to get the personalized, one-on-one attention your case needs to avoid the maximum penalties for your charges. Even for minor to moderate cases, private representation is a better choice because they can afford to dedicate 100 percent of their time and attention to building a strong and impactful defense against your criminal charges.

Who Can I Trust for Private Criminal Defense in Indianapolis?

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.

The Indiana Rule For Domestic Violence

Posted on March 22, 2019 by admin

Domestic violence calls happen every minute, all across the nation. When these calls occur, the judicial process that takes place afterwards depends on several factors, namely the state. Domestic violence laws vary from state to state, but here in Indiana, the rules are clear.

Continue reading to learn what you need to know about domestic violence disputes, criminal charges, and penalties in Indiana.

Indianapolis Criminal Defense 317-636-7514

Who’s At-Fault?

When it comes to domestic violence and criminal law, many couples want to know who is labeled as the offender. Most people assume that the man is automatically arrested and detained in custody in the case of a domestic violence call. However, this is not always true. You see, it is usually the actual aggressor (the ones who makes the assault) who is arrested and taken to jail for a domestic violence charge, which can be either a woman or a man. See our blog, “Who Gets Arrested in a Domestic Violence Police Call?” to learn details about these situations.

Types of Domestic Violence:

▸ Assault And Battery
▸ Physical Abuse
▸ Sexual Abuse
▸ Mental Abuse
▸ Emotional Abuse
▸ Child Abuse
▸ Child Molestation
▸ Sex Crimes

Here is what you need to know about domestic violence laws, disputes, charges, penalties, and more:

Statute:

Indiana Code 35-42-2-1.3 (Domestic Battery)

Under Indiana law, domestic battery is founded when someone knowingly or intentionally a) touches a family or household member in a rude or angry way; or b) places bodily fluid or waste on a family or household member in a rude or angry way.

Criminal Charges:

A suspect can be charged with either a misdemeanor or felony upon being arrested for domestic violence. Domestic violence charges range from Class A misdemeanors to Level 2 felonies; it all depends on the suspect’s criminal history, severity of the victim’s injuries, applicable enhancements, and several other mitigating factors.

▷ Misdemeanor Penalties in Indiana

▷ Felony Penalties in Indiana

▷ What You Need to Know About Indiana Protective Orders

Where to Find Trusted Indiana Criminal Defense

David E. Lewis Criminal Defense Attorney — David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your domestic violence criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

State and Federal Penalties for Getting Caught With Prescription Drugs

Posted on March 19, 2019 by admin

Prescription drug offenses have become an increasing epidemic, both nationally and internationally, within the past decade. Whether a person is taking prescribed drugs without a prescription, or abusing them as a result of a dependency, Indiana does not see drug addiction and usage as a health epidemic; instead, Indiana views illegal drug use as a crime, which means there will always be a need for a tough criminal defense drug crime lawyer.

Take a look below at some of the most common penalties for prescription drug charges.

Prescription Drug Crime Lawyer 317-636-7514

State and Federal Prescription Drug Penalties

The most common prescription drug offenses here in Indiana include possession, trafficking, manufacturing, and variations of all three. There are penalties for each prescription drug crime, all of which vary in severity depending on several factors, such as the type of drug, the quantity recovered by law enforcement, Indiana drug schedules, criminal priors, criminal enhancements, and more.

As for enhancements, additional ones include, but are not limited to drug manufacturing, priors for dealing, possession of firearm, caught in drug-free zones, presence of children, on school grounds or within 500 feet, dealing to a minor, on or within 500 feet of a park or school bus, dealing to someone 3 years one’s junior.

Additional penalties may be applied to sentences, including hefty fines, probation, parole, drug screening, drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Here is a general guideline to state and federal penalties for the above-mentioned prescription drug crimes:

STATE:

Possession (No Enhancements):
0 Months to 1 Year in an Indiana County Jail Facility
Class A Misdemeanor

FEDERAL:

Prescription Fraud (No Priors):
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison
Level 6 Felony

Prescription Fraud (With Priors):
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison
Level 5 Felony

Dealing – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 1 GRAM (With Enhancements):
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 5 GRAMS (With Enhancements):
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Dealing – 5 TO 10 GRAMS (With Enhancements):
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Indiana Prescription Drug Lawyer

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

If you want to avoid jail time and other extreme drug crime penalties for prescription drug charges in Indiana, then you need the skills and determination of a licensed criminal defense lawyer. Attorney David E. Lewis will fight to reduce criminal charges, dismiss your cases, or enter you into alternative sentencing agreement in Indiana. He fights to protect and preserve your future and good name, and stops at nothing to win a more successful result for you. Call our office today at 317-636-7514 and schedule a free initial consultation to discuss and evaluate your case.

Can You Go to Jail for Not Paying Your Debts?

Posted on March 15, 2019 by admin

If you are fearful of going to jail because you have not been able to pay off your cable bill or keep up with your car payments, you will be relieved to learn that the United States outlawed debtors’ prisons back in the early 19^th century. However, there are still instances in which an Indiana resident might face jail time or other penalties as a result of owing a debt.

Continue reading to learn more about owing a debt in Indiana, including who to trust for accurate legal advice.

The penalties for owing an outstanding debt vary from state to state. When it comes to being locked up for your debt, it can happen, but only under particular circumstances. If you have questions about facing criminal charges for owing money to a company, creditor, or collection agency, contact a licensed criminal defense attorney for accurate answers and legal guidance.

Common Cases of Debtors’ Arrests

✧ Arrest Warrants:

The umbrella factor for being arrested as a result of an outstanding debt are arrest warrants. If a warrant is issued for your arrest, you will have to surrender to the jail and post your bond to get out.

✧ Violation of Court Orders:

Most often, debtors are arrested and taken to jail as a result of neglecting to make court-order payments. If a court orders you to do something, and you fail to do it, you can be held in contempt of court.

✧ Small Claims Court Hearings:

Another circumstance that can land a debtor in jail is missing a court date. If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.

Statute of Limitations for Collecting Debt

Unfortunately, many debtors are never notified that they are expected in court, and thus, don’t even know they were sued. This is how arrest warrants can come about. As for law in Indiana, if a creditor successfully sues a person, they have 10 years to collect that judgment under its statute of limitations for court judgments.

Where to Get Accurate Legal Advice

Call Attorney David E. Lewis at 317-636-7514 if you were issued an arrest warrant for a debt owed in Indiana. You can schedule a free initial consultation to discuss the best course of action for your case with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

Which Constitutional Rights Can Be Waived in a Criminal Sentencing Hearing?

Posted on March 8, 2019 by admin

If you are awaiting criminal sentencing, it is wise to educate yourself on the criminal justice process in order to know what to expect on this impending journey. Although your publically or privately-appointed criminal attorney will take on the majority of the legal load in building your defense, it helps to do your part by being well-informed and prepared to make the best legal decisions for yourself. One of the most important area of law to understand are your Constitutional rights, especially during your sentencing hearing.

Continue reading to learn which Constitutional rights can be waived at your upcoming criminal sentencing hearing.

Prior to pleading guilty, or not guilty, at your sentencing hearing, a judge must ensure that you fully understand certain Constitutional rights. You must know these rights so that you can make the best decision for yourself in terms of pleading guilty; because once you plead guilty, you forever waive these rights and cannot go back and undo your decision.

Here are the typical Constitutional rights you will be expected to understand prior to pleading guilty at your criminal sentencing hearing:

⚖ The right to a public and speedy trial by jury.

⚖ The right to a speedy trial by jury.

⚖ The right to not testify against yourself, or the right against self.

⚖ The right to see, hear, face, and cross–examine witnesses against you.

⚖ The right to compel people through subpoena power of the court to testify on your behalf at no expense to you.

⚖ The right for the state to prove you guilty beyond a reasonable doubt and be presumed innocent.

⚖ The right to have an attorney appointed to you at no expense to you if you qualify.

⚖ The right to appeal your sentence if convicted by the court, including challenging the sentence imposed by the court on any open term.

Where to Get Trusted Legal Counsel

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Factors That Affect Jail Sentences

Posted on March 5, 2019 by admin

After being arrested or charged with a crime, there are handfuls of common questions that start to go through your mind. Some of the most commonly asked questions has to with jail time. Defendants want to know whether or not they have to serve time in jail, and if so, how long. If this is something that is also a concern to you as a person facing criminal charges, continue reading to learn which factors affect jail sentences.

⚖ Nature of Charge

The first factor that will be scrutinized by the prosecution and court magistrates is the nature or severity of the crime. For those charged with violent or sexual offenses will face a stricter level of scrutiny and judgement compared to those charged with non-violent and non-sexual offenses. In Indiana, jails are very overcrowded, so most often, those charged with a misdemeanor are not sentenced to jail time. In terms of felony charges, jail time is more likely. It all depends on the nature of the crime, as well as, the other factors discussed in this blog. Felonies are divided into 7 categories in Indiana: Level 1through Level 6, and then Murder. Level 6 felony crimes are the least serious type of felony, however, they are still punishable up to 3 years in prison.

⚖ Criminal History

Another major factor considered when facing jail time is criminal history. Prosecution and judges will look to see if a defendant has a history of being a habitual offender, or if they have any current pending charges against them. If someone has committed a series of serious offenses, especially the same ones, the state will likely want to seek a jail sentence. For instance, if a person is habitually being arrested for stealing cars, they will likely be sentenced to jail after a habitual felony arrest. On the other hand, if a person has a history of drug abuse and possession offenses, they may be order to rehabilitation programs in lieu of jail time. Again, it all depends on a variety of factors.

⚖ Strength of the Case

Another leading factor in determining a jail sentence for an accused defendant is the state’s case. If the state does not have a strong enough case against a defendant for their suspected crime, it is not likely that they will have to spend any time in jail. If the state does not have a sufficient amount of evidence to prove a defendant’s guilt at trial, the defendant’s legal team will have more luck negotiating out from jail time. If the state has a lot of evidence, and thus, a strong case, they have more leverage to seek jail time. But without a strong case, they are more likely to be lenient.

⚖ Alternative Sentencing

As mentioned, the state might offer drug rehabilitation as an alternative to jail time. They may also do this for other offenses as well. Rather than jail time, the state may allow a defendant to be sentenced to alternative programs, such as substance abuse rehabilitation, community service, victim impact panels, and similar community corrections programs.

Who to Call for Legal Advice and Representation

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.

What You Need to Know About Resisting Arrest

Posted on February 26, 2019 by admin

The United States of America is one of the greatest countries on Earth because of the civil liberties and rights bestowed upon us as citizens. These protections are what separates our nation from so many others. A current hot topic regarding such protections involves discussions on police misconduct and false arrests. As citizens, we are protected against injustices like these, but that does not mean they never occur. On the other hand, even if police may be wrong in an arrest, a person should never, under any circumstances, resist.

Continue reading to learn the importance of complying with law enforcement no matter what, and who to call if you have been charged with resisting arrest in Indiana.

The Risk You Take On

If you counterattack arrest by law enforcement, not only will you face the original charges they are arresting you for, you will also be charged with a second crime of resisting arrest. This reason alone is enough to warn you about the risk of resisting an arrest by a police officer. If you are ever in a situation where a policeman wants to arrest you, you must let it happen and comply peacefully; otherwise, it will come back to hurt you and your case in the end, which can lead to higher fines, longer jail time, and harsher penalties.

Indiana Laws for Resisting Arrest

Indiana Code 35-44.1-3-1 defines “resisting arrest” as, “(…) when a person knowingly and intentionally: Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties; Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.” The state allows police officers to identify themselves either visibly or audibly, which also includes their police lights and sirens.

Possible Penalties

If charged with resisting arrest, convictions can range from Class A misdemeanors to a Level 2 felonies, depending on enhancements, priors, and other factors of the specific details of the crime. Furthermore, those charged face fines up to $5,000 and up to 30 years in prison; a Class A Misdemeanor is up to 1 year in jail, while a Level 2 Felony is 10 to 30 years.

Facing Charges for Resisting Arrest?

When it comes to addressing police misconduct, abuse, or false arrests, it is best done after the arrest and release from jail have taken place. Your first step to refuting or fighting a false arrest is to hire a seasoned Indiana criminal defense lawyer who can aggressively investigate your case and build a strong defense against your charges.

Indiana Criminal Defense You Can Trust

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. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Frequently Asked Questions About Defense Attorneys

Posted on February 22, 2019 by admin

If you are preparing to hire a criminal defense attorney, you are likely filled with a whole list of questions. After all, there are probably hundreds of defense lawyers to choose from in your town, making the task seemingly perplexing. On top of all of your choices, you also have the option of going with a public defender. So, in order to relieve some of your stress, start by reviewing some basic answers to questions others are asking about defense attorneys.

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.

Are All Criminal Defense Lawyers the Same?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under. You wouldn’t want a divorce lawyer fighting your theft charges, would you?

Is a Defense Attorney Better Than a Public Defender?

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.

How Much Does it Cost to Hire a Criminal Defense Lawyer?

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!

Where Can I Find a Skilled Defense Attorney in Indiana?

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. 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!