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.

Can I Be Arrested for Intimidating Someone?

Posted on August 1, 2017 by admin

Facing Misdemeanor Charges for Intimidation? 317-636-7514

In terms of confrontation, most people are under the impression that if they do not physically touch a person, they cannot get in trouble with the law. However, this perception is inaccurate, and quite the opposite. There is a criminal charged called “intimidation”, and it includes any type of threat that involves injury, whether physical, mental, property, or other form of injury. It can also include stalking and harassment.

It is important to know the limits of the law. This is also helpful for those who are facing prosecution. Continue reading to learn more about intimidation, and what to do if you are facing intimidation charges in Indiana.

Intimidation is a Crime in Indiana

No matter which way you look at it, intimidation is a crime in Indiana. Intimidation occurs when a person makes verbal or written threats to harm a person physically, or cause harm to their property, reputation, career, and more. Although intimidation is a crime in our state, it is a difficult one to prove since most threats are verbal, and lack physical evidence. However, the law is strictly enforced, and those charged with the crime will most often be prosecuted if there is the smallest piece of evidence present. That is why anyone facing intimidation charges needs an experienced and aggressive Indianapolis criminal defense lawyer on their case. They can use their knowledge and resources to fight the maximum penalties for an intimidation conviction.

Common Penalties for Intimidation Offenses:

Depending on the nature and severity of the intimidation, the level of punishment can vary. Most minor to moderate intimidation offenses are Class A Misdemeanors, but if the threat was very serious, it could be increased to a Felony charge. This is especially common if threats are under the intimidation of a felony retaliation or involve the use of a deadly weapon.

Class A Misdemeanors
➥ Punishable By Up to 1 Year in Jail
➥ Fines Up to $5,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Class B and C Misdemeanors
➥ Punishable By Up to 6 Months in Jail
➥ Fines Up to $1,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Level 6 Felonies
➥ Punishable By Up to 3 Years in Jail
➥ Fines Up to $10,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Level 5 Felony
➥ Punishable By Up to 8 Years in Jail
➥ Fines Up to $10,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

If You Are Facing Intimidation Charges…

Criminal Defense Lawyer 317-636-7514

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 criminal charges by calling David E. Lewis, Attorney at Law, today!

Can I Represent Myself in a Criminal Case?

Posted on July 25, 2017 by admin

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When you are facing criminal charges, you have the vital responsibility to do what you need to do in order to avoid the maximum penalties for your offenses. Not only is it important for you to cooperate with the legal system, appear for all your court hearings on time, pay all fees by their deadlines, and file the necessary paperwork as requested, you also have the responsibility of learning about the charges you face and the seriousness of the associated consequences.

For this reason, it is vital to your future and your freedom to hire an experienced criminal defense attorney to defend you in court. It is never recommended to represent yourself under any circumstances, unless you are appealing a minor traffic infraction. Continue reading to learn some information about representing yourself in your criminal case, and why an attorney is the best method for avoiding the maximum penalties for your criminal charges.

First Offense?

Many people wrongly assume that first time offenders are always let off easy, so they can simply represent themselves in court and save a few hundred dollars. But this is a risky gamble to take, especially since it is not true. First time offenders are not always let off the hook that easy. There are infinite factors that play a role in the type of penalties a person is sentenced to in court; it all depends on the offense, the county, the personal discretion of the presiding judge, and much more. Anyone can be penalized to the fullest extent, and under any circumstances, unless they have aggressive and experienced criminal defense.

The Complexities of Law

To represent yourself in court, you would need a full understanding of the law. There is just too much to know and too much to learn for someone with no experience in the field. The law is very complex and convoluted. It takes an experienced attorney to protect a defendant in court because they have years of experience and knowledge of the law. Aside from understanding the law, you would also need to be an expert in legal defense and know which strategies to use, how to use them, and when to use them. It is an art form and talent that takes years of commitment on a learning curve. An experienced criminal lawyer retains all of these skills and more.

The Less Obvious Penalties

Aside from the standard penalties you face under law for your criminal charges, there are also subsequent consequences that many offenders do not prepare themselves for. For instance, some offenses can result in losing professional licenses, driving privileges, fines, restitution, and more. A qualified criminal defense attorney can help their clients navigate these residual obstacles after being charged with a crime.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

Will an International Student Be Deported for Committing a Crime?

Posted on July 19, 2017 by admin

Criminal Defense for International Students 317-636-7514

International students are prone to more severe penalties when they commit a crime. Not only are they subjected to the usual criminal penalties, they also face possible deportation. This means they can be sent back to their country of origin and not be allowed to return. Sometimes, the United States will not admit foreign students into the country if they have certain types of crimes on their criminal record, even if it is a misdemeanor crime in the state they wish to visit.

Which Crimes are Deportable?

International students who commit a crime “of moral turpitude” that is punishable by up to one year or more in jail may be deportable. Although the term, “moral turpitude” is vague and not technical, it refers to crimes that involve fraud or present danger to others. It can also include fleeing from a police officer, minor consumption of alcohol, and public intoxication. For this reason, charged international students must hire an experienced criminal defense lawyer who can fight for their rights to remain in our country. They may also need to consult with an immigrations lawyers.

Crimes that involve substance control possession can result in deportation. However, it depends on the type of drug and the amount in possession. It is unlikely for a student to be deported for possession of marijuana under 30 grams. On the other hand, priors and enhancements can make this type of offense a deportable one. It varies from person to person. In the case that a student is charged and convicted of an inadmissible offense (such as the example of marijuana possession above), they may not be deported, but once they do leave the country, they will not be allowed to come back ever again.

Other crimes that are deportable include those of forgery, fraud, theft, and of course, violence. There are also certain traffic offenses that may make an international student deportable. It is important for college students from another country to retain professional legal counsel if they face criminal charges in order to avoid possible deportation and inadmissibility. An international student should never appear in court without a criminal defense lawyer on their side.

Aggressive Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.

Can Backyard Barbecuing Be Illegal?

Posted on July 10, 2017 by admin

Before you get set to grill out this summer, be sure your barbecue practices adhere to the law.

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You wouldn’t think that an innocent backyard barbecue could possible break the law, but it can. Looking back to an online video that went viral two summers ago, after several neighborhood complaints, a Florida resident was confronted by a county environmental inspector who insisted that they contain their barbecue smoke and odor to their own property. Although the man was never cited, but he could have been if he had chosen to not comply. So what’s the problem? Continue reading to learn how a backyard barbecue can turn illegal, and how to grill out with your legal rights.

Air Pollution and Fire Safety Ordinances

The two most common reasons why barbecue practices can be illegal are air pollution and fire safety ordinances and regulations. Certain grilling practices may breach the local ordinances surrounding these two issues, in which case, a person could be cited and fined. These rules and regulations vary among jurisdictions, so it is important to learn what you can do to stay within the boundaries of the law.

What To Do:

Check Your City Code – Cities have certain fire safety codes that all citizens must adhere to or they can be subjected to legal penalties. These codes vary, but there are common ones that remain the same in most cities. For example, a common city ordinance mandates that all grills remain at least 10 feet away from anything combustible, including walls. Another prohibits the use of charcoal and wood-fired grills on balconies and fire escapes. Also, local city air pollution codes can affect a person’s ability to grill out.

Check Your HOA – For those who live in residential communities with a Homeowners’ Association (HOA), you will need to check their rules and regulations about grilling out, too. This includes condos, gated communities, and suburban neighborhoods. For instance, these places generally have wooden decks, and grilling on a wood deck is a fire hazard. This affects the community’s ability to be insured, so many prohibit the practice altogether.

Check Your Lease’s Fine Print – If you rent, or live in an apartment, you may need to refer to your lease to check on your grilling rights. In the lease, there may be certain restrictions laid out for tenants and their guests. For instance, most apartment complexes prohibit propane grilling since most city gas codes state that you can’t store standard propane cylinders on a balcony, roof deck, backyard, or in a communal courtyard. In other cases, apartment complexes allow natural gas grills so long as they are designed for residential use and the gas lines are installed by a certified plumber.

Consequences

The most common consequences are citations and fines. These can range from a few hundred dollars to several thousand, depending on the violation. Talk to a licensed Indianapolis criminal defense attorney about your city citation or legal matters, and learn how you can reduce or dismiss the charges or penalties against you.

Aggressive Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Can I Get Arrested for Lighting Fireworks After the Fourth of July?

Posted on July 5, 2017 by admin

Public Nuisance Charges? 317-636-7514

In Indiana, there are some important ordinances you should know about when and where you can use fireworks. Failing to adhere to these firework laws can result in a criminal nuisance charge, which can lead to a misdemeanor conviction, fines, court-ordered penalties, and even possible jail time. Public nuisance crimes can include a wide range of minor offenses, all of which are categorized as any behavior or action that interferes with public health, safety, morals, peace, or convenience.

Where Can I Light Fireworks?

In Indiana, the rules on where you can light off fireworks are pretty cut and dry. However, they can sometimes change as result of unexpected seasonal weather, such as dry grass and drought. Some counties must ban firework usage if the conditions are too dangerous for burning, smoldering firework debris. Here are the basic rules for firework usage in Indiana:

➀ You can light fireworks on your own private property.

➁ You can light fireworks on someone else’s property with their verbal consent.
**Lighting fireworks on someone else’s property without permission can lead to a $500 fine.

➂ You can light fireworks at a public site that has been designated by local authorities for fireworks discharge.

When Can I Light Fireworks?

The regulations for which times you can set off fireworks varies from town to town. For instance, in Fishers, residents were permitted to begin lighting fireworks on Friday, June 30th. The common times for firework usage are as follows in Indiana:

✲ Friday June 30th through Monday July 3rd

During these times, people are allowed to use fireworks between 9 a.m. and 2 hours after sunset. This time of year, that usually is around 11 p.m. or so.

✲ Tuesday July 4th

People are permitted by state laws to use fireworks from 9 a.m. to midnight.

✲ Wednesday July 5th and Beyond

People are permitted to use fireworks between 9 a.m. and 2 hours after sunset. Anyone who fails to adhere to this regulation is subject to public nuisance charges. Neighbors can contact local authorities and file a complaint, which will result in law enforcement showing up on site to deliver a citation or make an arrest. Arrests are usually only made if the offender has priors, is under the influence of drugs or alcohol, or has an active warrant for arrest. If the offender demonstrates polite and cooperative behavior, the police may just give a verbal warning.

Contact an Aggressive Criminal Defense Lawyer to Fight a Public Nuisance Charge

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 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. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal lawyer, today.

The Do’s and Don’ts of Getting Arrested

Posted on June 26, 2017 by admin

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Movies are a poor example of what an arrest looks and feels like to the person being detained. It isn’t easy to imagine what it’s like to be arrested unless you have experienced or witnessed it first-hand. But in the case that it could happen to you, it is wise to know how to behave in accordance with the law. The stress, fear, and anxiety that comes along with being placed under arrest can be overwhelming, but one wrong move or impulsive decision can tack on additional criminal charges that come with harsher penalties, like jail time and fines. Continue reading to learn how you should handle being arrested if it ever happens to you.

What to Do:

In the case that a law enforcement officers notifies you that you are being placed under arrest, it is vital to your future and freedom to remain calm and make good decisions. Here’s how to do that:

DO remain calm and stay where you are. If you are in a car, remain seated with your hands on the wheel or dashboard, unless the officer instructs you otherwise. If you are not in a car, simply remain in the position you were in, whether sitting or standing, unless the officer instructs you otherwise.

DO allow law enforcement officers to handcuff you and place you in their police vehicle. The handcuffs will be very tight, as they are designed that way for a reason, so don’t assume they are put on wrong. If you are cooperative and calm, the officer may allow you to be handcuffed from the front for a more comfortable position.

DO be polite and cooperative with all law enforcement and jail staff. Whatever they ask of you, be respectful. The more cooperative you are, the easier the entire process will be. Whether you think so or not, they want you out of there as much as you do, and they are just doing their best to make that happen. By remaining courteous and obedient, you gain trust and respect, which may get you more jail privileges for the time you are there. Keep in mind, you can be in jail for as little as one hour, to as long as 24, depending on traffic and cooperation.

DO call a criminal defense lawyer as soon as you are given an opportunity to use a phone. They can work with you over the phone to arrange a bail and get you released you from jail. Once you are out of jail, you can start working on your case with your lawyer. The sooner you contact your lawyer, to faster they can begin building your defense.

What NOT to Do:

DON’T flee. Never try to run away from police, or attempt to flee before being placed under arrest. If you are in a car, do not try and drive away. This is a huge no-no since it leads to more serious charges, harsher penalties, and jail time. It is never worth the trouble of running because they will eventually find you, and then you are in even more trouble than what you were originally.

DON’T be argumentative and disrespectful to law enforcement. Never talk back to police officers or argue with them in any way. Do not try to test them, bother them, talk over them, or persuade them. This will only get you in more trouble, and extend the amount of time the entire process of being arrested, processed, and bailed out of jail, takes.

DON’T be disobedient and difficult with police and jail staff. You should never disobey law enforcement when they are telling you what to do. DO not disagree with them or complain about anything. You are under their care and custody, and the best way to get out is to respect and accept the process.

DON’T wait for your court date in jail if you don’t have to. Do not miss the opportunity to get out of jail with the help of a licensed bail bondsmen. You could potentially wait weeks or months in jail before a judge can see your case. Never wait in jail when you can just call your lawyer and post bail. This is also beneficial because you get to await your court date from the comfort of your home and you don’t have to miss work.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

FAQs About Juvenile Criminal Law

Posted on June 21, 2017 by admin

Juvenile Criminal Lawyer 317-636-7514

When children are in trouble with the law, they are sent through the juvenile court system. During this time, parents are reeling with questions and concerns regarding their minor’s future and freedom. If your teenager is currently facing criminal charges, you are likely to be full of questions too. Continue reading to learn the answers to the most frequently asked questions about juvenile law and the juvenile court system.

Frequently Asked Questions

What is Juvenile Court?

Because juvenile crimes are handled differently than adult crimes, they require a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes.

Who are Juveniles?

Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Do Juveniles Have a Right to a Trial Jury?

In adult criminal court, the United States Constitution gives you the right to a trial jury. However, in juvenile court, this right is not usually granted. Some states do allow it, including Kansas and New Hampshire.

Do Juveniles Get an Attorney?

If we lived prior to 1964, a juvenile could not have an attorney represent their case in court. However, in the 21st century, juveniles are given the right to an attorney, and even given to opportunity to free counsel from a public defender.

Can Adults Be Charged for a Crime They Committed as a Minor?

This is not very common, but it can happen. It usually happens for very serious offenses, such as rape, armed robbery, and other violent crimes. It depends on the age of the offender when the crime was committed, the type of crime committed, the current age of the offender, and more.

How Long Can Juveniles Be Sentenced to Detention?

Just like adult criminal court, the length of time a juvenile will spend in detention depends on the severity of the crime and their criminal priors. There is no limit or typical sentence, but for major crimes, sometimes juveniles are transferred to an adult penitentiary once they reach 18 years old.

Indianapolis Criminal Defense for Minors

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can I Use the Indiana Supreme Court Law Library to Research My Criminal Case?

Posted on June 14, 2017 by admin

The Indiana Supreme Court Law Library had its start after the year of 1867 when Indiana legislature passed an Act that gave the Supreme Court ownership and access to law books, which originated in the state library.

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Their Mission

The mission of the Indiana Supreme Court Law Library is to provide a means of research for law officials, magistrates, judges, and staff and agencies of the Supreme Court and Court of Appeals. It is also the primary law library in Indiana for various state agencies, as well as, all members of the private bar (lawyers), the Governor’s Office, the state legislature, and the general public.

What They Offer

The Indiana Supreme Court Law Library retains a full inventory of over 70,000 volumes of legal materials, law books, periodicals, case histories, court records, and more. It is also a storehouse for any publications produced under grants from the State Justice Institute. https://www.sji.gov/ It is even a selective storehouse for certain United States Government publications. The contents of the Indiana Supreme Court Law Library is accessible to all magistrates throughout the state.

Contact Information

State House, Room 316
200 W. Washington Street
Indianapolis, IN 46204

PHONE: 317-232-2557
FAX: 317-233-8693

Mon- Fri 8:30am to 4:30pm

Get Help With Your Criminal Case

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

If you are looking for resources to better educate yourself on the criminal charges you are facing, the Supreme Court Law Library is a fantastic place to start. It is in your best interest to speak with a licensed and experienced Indianapolis criminal defense attorney to better understand the language and legal jargon you will come across during your studies. They can clearly define the charges and circumstances you are facing, as well as, build a custom, impactful defense to protect you against the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations, so be sure to schedule yours today.

Can I Use a Recorded Phone Conversation as Evidence in Court?

Posted on June 5, 2017 by admin

Criminal Defense Law Firm 317-636-7514

When someone is accusing you of a crime against them that you are innocent of, it can be frustrating finding ways to prove that they are lying, especially in a court of law. Many people in this situation turn to voice recordings in order to catch the accuser admitting to their lies unknowingly. Although a good plan, it is unfortunately not a lucrative one. There are various federal and state laws regarding the types and limits to evidence admissible in court. Not only are the types of evidence limited, there are also strict regulations on the requirements for authentication.

Admissible Evidence

Although the laws surrounding evidence vary among jurisdictions, the general rule for evidence is that it cannot be used in court if it was obtained illegally. Under the individual penal codes in most states, superstitiously tape recording a phone conversation is illegal, therefore, it would not be admissible in court as evidence. To make it legal, you would have to notify the person that the conversation is being recorded, or receive their permission to record them.

✇ Both Parties Must Consent:

There are 12 states that require both parties to consent to a recorded conversation. These states include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

✇ One Party Must Consent:

There are a few states in which only one party is required to give consent to a recorded conversation, and this party could be the person who chooses to record. These states include New York, Louisiana, and Texas.

The Above Rules May Be Mute Based on Predicate

Although states may have regulations that make voice recordings admissible in court, they can still be denied as evidence due to a lack of predicate. To record a conversation that can be admissible as evidence in court, you must also establish a foundation for the recorded conversation to ensure that your evidence is reliable.

Rule of Predicate Include:

1) You must show that the voice on the tape actually belongs to the person you say you are recording, rather than a person pretending to be someone else;

2) You must demonstrate that the recording device you used to make the recording is capable of providing accurate recordings.

3) You must prove that the recording is a realistic representation of the conversation that actually took place. Wind and other exterior elements can cause recordings to cut in and out, which is a problem in court.

4) You must prove that the recording was not interfered with or tampered in any way.

Consult with a Licensed Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Before you decide to record a conversation for the sake of having evidence for your criminal case, talk to your trusted criminal defense lawyer first. The rules and regulations for admissible evidence vary greatly among federal and state jurisdictions, so it is helpful to learn more about them from a licensed attorney with decades of experience in criminal law.

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