Finding yourself on the wrong side of the law can be daunting, especially when charged with a violent crime in Indiana. With serious charges come serious consequences, and understanding the legal landscape is crucial to navigating your way forward.

In this blog post, we explore what it means to be arrested for a violent crime in Indiana, the arrest process, your legal rights, potential outcomes, and the significance of seeking legal counsel. Whether you’re an Indiana resident or a defendant finding yourself in this situation, read on to arm yourself with valuable information.

Call 317-636-7514 When You Need a Violent Crime Attorney in Indianapolis Indiana

Defining Violent Crimes in Indiana

Violent crimes are serious offenses that can lead to significant penalties, including imprisonment. In Indiana, violent crimes encompass a range of actions, including assault and battery, domestic violence, armed robbery, and homicide. Each comes with its own set of legal definitions and potential consequences. Understanding these distinctions is crucial, as they determine the severity of penalties and the specifics of the charges.

For instance, assault and battery are often mistaken as the same. However, assault refers to the threat of harm, while battery involves actual physical contact. In Indiana, both offenses can lead to misdemeanor or felony charges, depending on the severity of the act and the injuries inflicted. Similarly, domestic violence, a crime taken seriously in Indiana, involves harm or threats between family members or partners, often resulting in protective orders and mandatory reporting.

Armed robbery, another grave offense, involves theft with the use of a weapon. Under Indiana criminal law, it’s categorized as a felony, with severe repercussions including long-term imprisonment. By understanding these distinctions, defendants can better grasp the charges they face and prepare accordingly.

Understanding the Arrest Process

Being arrested can be an overwhelming experience, yet knowing what to expect can ease some of the anxiety. In Indiana, the arrest process begins with law enforcement identifying probable cause. This means there’s enough evidence to suspect you of committing a violent crime, such as assault and battery or armed robbery. The arresting officers are required to inform you of your rights, commonly known as Miranda rights. This includes your right to remain silent and your right to an attorney.

Once arrested, you’ll be taken to a police station for booking. This involves recording your personal details, photographing, and fingerprinting. You may also be questioned by the police, but remember, anything you say can be used against you in court. It’s crucial to exercise your right to remain silent and request legal representation before answering any questions.

After booking, you may be held in custody until your arraignment, where formal charges are presented. At this stage, you’ll have the opportunity to enter a plea. Understanding these steps can help you stay calm and make informed decisions during this critical time.

Legal Rights and Responsibilities

When facing arrest for a violent crime in Indiana, being aware of your legal rights is paramount. Among the most important rights is the right to an attorney. Regardless of the charges, having legal representation ensures that your rights are protected, and you receive a fair trial. Additionally, you have the right to remain silent, preventing self-incrimination during police questioning.

It’s also essential to acknowledge your responsibilities as the accused. Cooperating with law enforcement and attending all court proceedings are crucial steps in the legal process. Failure to comply can result in additional charges or penalties. Understanding the balance between your rights and responsibilities can guide your actions and decisions throughout the legal proceedings.

In Indiana, defendants are presumed innocent until proven guilty. This fundamental principle means that the burden of proof lies with the prosecution. To mount a strong defense, consider gathering evidence, seeking witness testimonies, and working closely with your attorney to build a robust case.

Potential Outcomes and Next Steps

Facing charges for a violent crime can lead to various legal outcomes, depending on factors such as the nature of the crime, prior criminal history, and evidence presented. Possible outcomes range from dismissal of charges to plea bargains, or a full trial resulting in acquittal or conviction. Understanding these potential scenarios can help you prepare for what’s ahead.

A plea bargain, for example, may involve negotiating a lesser charge or reduced sentence with the prosecution. While this may seem appealing, it’s crucial to weigh the pros and cons with your attorney, considering the long-term implications of a guilty plea. Alternatively, if your case proceeds to trial, presenting a strong defense and challenging the prosecution’s evidence becomes paramount.

In cases of conviction, penalties can include fines, probation, or imprisonment. Indiana criminal law emphasizes rehabilitation, and certain programs may be available to reduce sentences or offer alternatives to incarceration. Exploring these options with your attorney can be a critical step in determining your next move.

Navigating the Indiana Legal System

Understanding the complexities of the Indiana legal system can empower you to make informed choices. From attending court hearings to filing necessary paperwork, each step requires careful attention. Familiarizing yourself with court procedures, timelines, and the roles of different legal professionals can alleviate some of the uncertainty surrounding your case.

The pre-trial phase includes hearings where evidence is reviewed, and motions are filed. Your attorney may challenge the admissibility of evidence or seek to dismiss charges based on procedural errors. During the trial, both the defense and prosecution present their cases, and a judge or jury determines the verdict. Being actively involved in your defense strategy and collaborating with your attorney can significantly impact the outcome.

Post-trial processes may involve appeals or requests for sentence modification. If dissatisfied with the verdict or sentencing, consulting your attorney about potential grounds for appeal can open avenues for redress. The Indiana legal system may seem daunting, but with the right guidance, you can effectively navigate its intricacies.

Importance of Seeking Legal Counsel

When charged with a violent crime, hiring an experienced criminal defense attorney is invaluable. Legal counsel can provide insights into the intricacies of Indiana criminal law and develop a tailored defense strategy. Their expertise can mean the difference between a favorable outcome and severe penalties.

A skilled attorney not only represents you in court but also offers guidance throughout the legal process. From gathering evidence to negotiating plea deals, their support is crucial at every stage. They can assess the strengths and weaknesses of your case, identify potential defenses, and advocate on your behalf.

Choosing the right attorney requires careful consideration. Look for attorneys with a proven track record in handling violent crime cases and a deep understanding of Indiana law. Initial consultations can provide an opportunity to gauge their approach and determine if they’re the right fit for your needs.

Conclusion

Being arrested for a violent crime in Indiana is a challenging experience, but understanding the legal terrain can empower you to make informed decisions. By familiarizing yourself with the arrest process, your legal rights, potential outcomes, and the importance of legal counsel, you can better navigate this complex situation.

Remember, seeking professional legal guidance is paramount. An experienced criminal defense attorney can provide the support and expertise needed to protect your rights and advocate for your best interests. If you find yourself facing charges, take the necessary steps to secure competent representation and build a strong defense.

For those in need of legal advice or representation, consider reaching out to experienced criminal defense attorneys in Indiana. Their knowledge and expertise can guide you through this challenging time, ensuring that you receive the best possible outcome.

Are you ready to discuss the best defense strategies for your specific legal situation? Contact Attorney David E. Lewis at 317-636-7514 today to schedule a free consultation and take the first step towards a strong violent crime defense. We’re here to help you understand your legal rights and provide the guidance you need to avoid being convicted of infringement. We will get you the best possible outcome to your criminal case!

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.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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Arrested in Indiana for a Violent Crime? Advice for Navigating the Legal Waters