Tag Archives: Felony Charges

What to Expect if Charged with a Felony in Indiana

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If you are facing felony charges in Indiana, it is important to understand what to expect throughout the criminal justice process. Being charged with a felony can be a very intimidating and frightening experience, so having knowledge of the legal process ahead of time can help ease your anxiety and give you an idea of what lies ahead. A criminal defense lawyer will provide invaluable assistance as you navigate through this difficult situation. With their guidance and expertise, they will strive to ensure that your rights are protected every step of the way.

In this blog post, we’ll explore some key aspects of dealing with felony charges in Indiana – from initial arrest all the way through sentencing and appeals if necessary.

Call 317-636-7514 to Speak With a Felony Criminal Lawyer in Indianapolis Indiana
Call 317-636-7514 to Speak With a Felony Criminal Lawyer in Indianapolis Indiana

What is a Felony?

A felony is a serious crime that can result in severe consequences for those convicted. Some examples of felonies include murder, burglary, fraud, and drug trafficking. Felonies are distinguished from misdemeanors by their severity and potential for longer prison sentences and significantly higher fines.

In addition to these legal penalties, felony convictions can have a long-lasting impact on an individual’s personal and professional life, including the loss of voting rights, limited job opportunities, and restrictions on accessing certain types of government assistance. Understanding what constitutes a felony and its implications is crucial in avoiding legal trouble and safeguarding your future.

Procedures for Felony Criminal Charges

The Arrest and Initial Charges

If you have been charged with a felony in Indiana, you will likely be arrested. During this time, it is important to stay calm and remain silent – anything you say can and will be used against you in court. After the arrest, an initial hearing will be held where the judge will determine the formal charges placed against you. At this point, your criminal defense lawyer will begin to assess your case and develop a legal strategy for defending you.

Plea Bargain or Trial

At some point during the legal process, your criminal defense attorney may present a plea bargain as an option for resolving your case outside of trial. If accepted by both parties involved, this agreement will require you to plead guilty in exchange for a reduced sentence or lesser charges. However, if no plea bargain is reached, your case will proceed to trial. During this portion of the process, your attorney will present evidence and witnesses on your behalf to prove your innocence.

Sentencing

If found guilty or after a plea bargain has been accepted, sentencing will be determined by the judge. Depending on the severity of the crime, this could involve jail time, fines, probation restrictions or any combination thereof. Your criminal defense lawyer can help explain all these possible outcomes prior to sentencing.

Appeal

In some cases where guilt was established at trial or through a plea agreement, an appeal may be filed in an attempt to reduce the sentence or overturn the conviction altogether. Your criminal defense lawyer can advise you on what steps should be taken if such a situation arises.

Act Fast and Hire a Felony Crime Lawyer

If you have been charged with a felony in Indiana, it is important to understand the legal process that lies ahead and ensure that your rights remain protected at all times. Having an experienced criminal defense attorney by your side will make this difficult experience much easier to navigate and provide invaluable assistance throughout the entire process.  If you find yourself facing felony charges in Indiana, contact a qualified legal professional today for more information about defending your rights and moving forward.

Are you searching for a defense lawyer who can represent you in your felony case? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned felony defense criminal lawyer in Indianapolis, Indiana. Our criminal attorneys will get you the best possible outcome to your criminal case!

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How Can I Get a Job if I Have a Felony?
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Are Federal Courts Different From State Courts?

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Here in the United States of America, we have two separate types of court systems: state and federal. These two court systems are different in many ways; ways that might be important for you to know if you are currently facing misdemeanor or felony charges. Continue reading to learn how Federal court differs from state court, plus what you need to do if you are preparing to go to trial for your Indiana criminal charges.

Federal Crime Lawyers Indianapolis Indiana 317-636-7514
Federal Crime Lawyers Indianapolis Indiana 317-636-7514

Federal Court Versus State Court

Federal court and state court are established quite differently. State and local court systems are established by the state. This may include cities, townships, counties, and municipalities. Federal courts were, and continue to be, established under the United States Constitution. They deal with laws that are passed by Congress and debates related to the Constitution.

Court Jurisdiction

State and federal court do not hear the same types of cases; more specifically, they are limited to which kinds of cases they are authorized to adjudicate. State courts are authorized to hear virtually all cases, except those that pertain to crimes against the United States and cases that involve certain Federal laws, such as felony offenses, Bankruptcy, immigration, copyrighting, and maritime law. These kinds of cases are heard in Federal court. Common cases heard by state and local courts include misdemeanor crimes, traffic violations, civil disputes, and similar lower-level legal matters.

Although state and Federal courts hear different types of cases, there are some cases in which both are authorized to hear. In such cases, the party has the discretion of choosing which court they wish to pursue their legal matters in.

Facing Criminal Charges?

If you are facing misdemeanor criminal charges, you are going to be tried in a local court under state law. Examples of common misdemeanor offenses adjudicated in the local court system include traffic violations, drug possession, public intoxication, drunk driving, and shoplifting. If you are facing felony charges, you will likely be tried in Federal court under Federal law. Examples of federal-level offenses include white collar crimes, trafficking, sex crimes, violent crimes, kidnapping, homicide, and terrorism.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Related Posts:

FAQS About What Might Happen in Criminal Court
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What to Do if You are Charged With a DUI Felony in Indianapolis

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The Law Office of David E. Lewis provides aggressive criminal defense for felony drunk driving charges in Indianapolis, Indiana. Our reputable criminal defense law firm retains the resources, skills, experience, and determination to reduce or dismiss your Indianapolis DUI charges! Continue below to learn more about the possible penalties for felony DUI convictions in Indiana, and what you can do to ensure your rights are protected and your freedoms are preserved after a serious drunk driving arrest.

Indianapolis Felony DUI Lawyer
Indianapolis Felony DUI Lawyer 317-636-7514

Possible Penalties for a Felony DUI in Indiana

Felony drunk driving charges are very serious offenses in Indiana. Not only does a defendant face time in jail, but they may also lose driving privileges, child custody, student aid benefits, employment, job promotion, rental housing, and much more. For these reasons alone, it is critical to have the leadership and expertise of a skilled criminal lawyer on your team following a DUI felony arrest in order to protect your rights and preserve your freedoms. A skilled criminal defense attorney like David E. Lewis will prevent your constitutional rights from being violated throughout the adjudication of your drunk driving case.

Criminal Defense for Multiple DUI Arrests

Second and third DUI offenses, as well as multiple DUI offenses, are all classified at various Levels of Felonies in Indiana. But with the help of Attorney David E. Lewis, you have a much stronger shot at getting your charges reduced, or entering into an alternative sentencing agreement. Don’t risk your future and quality of life by hiring any felony DUI attorney. Trust only David E. Lewis, Attorney at Law, to fight for your rights and protect you from over-penalization.

Breathalyzers and Field Sobriety Testing

The most important evidence collected by law enforcement at the time of a DUI arrest is a driver’s blood alcohol concentration (BAC). In Indiana, the legal limit for blood alcohol is 0.07 percent. This means anyone caught driving with a 0.08% BAC is subject to DUI charges and subsequent penalties. When you are facing DUI charges in Indiana, David E. Lewis, Attorney at Law, can build you a tough defense to get you the best possible outcome in court. He understands the urgency behind preserving driving privileges, employment, and more.

Are you in need of aggressive and skilled DUI defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation and learn more about your DUI felony, today. We represent all types of DUI’s in Indiana.

You Might Also Read:

Advice for Parents Whose Kids Drive Drunk
What You Should Do if You are Pulled Over for a DUI
When You Might Go to Jail for a DUI

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

How are Federal Laws Different From State Laws?

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If you were recently arrested in Indiana, you could be facing either misdemeanor or felony charges. At a basic level, misdemeanors are charges brought against you at a state level, while felonies are charges brought against you on a federal level. How are these two levels of laws different from one another? Continue reading to learn more about federal and state law, and what you should do if you are facing charges in Indiana right now.

FEDERAL CRIMES

VS.

STATE CRIMES

Federal Laws Versus State Laws

⚖ Federal Crimes

Felonies are federal crimes that are illegal under federal law. Crimes committed on federal property are also made illegal under federal law. There are several types of federal-level offenses. Some of the most common examples of felony crimes here in Indiana include white collar crimes like tax fraud, bank fraud, embezzlement, and counterfeiting, as well as other types of serious crimes like grand theft auto, sexual assault, kidnapping, armed robbery, firearm crimes, civil rights offenses, and of course, murder.

LEVELS OF FELONIES IN INDIANA:

Murder – Most Serious
Level 1 Felony
Level 2 Felony
Level 3 Felony
Level 4 Felony
Level 5 Felony
Level 6 Felony – Least Serious

⚖ Misdemeanor Crimes

Misdemeanors and infractions are state crimes that are illegal under state law. Like federal offenses, there are many types of misdemeanor and low-level crimes that are illegal under state and local laws. Both residents and visitors of the state are vulnerable to prosecution, including businesses and franchised businesses. The most prevalent misdemeanor crimes committed in Indiana include DUI’s, drugged driving, assault and battery, theft, drug crimes, burglary, disorderly conduct, probation violation, public intoxication, disturbing the peace, and traffic infractions.

Misdemeanor crimes are categorized into three “Classes” based on the seriousness of the crime: Class A, Class B, and Class C. They are punishable by up to 1 year in an Indiana Department of Corrections facility, fines up to $5,000 (not including court costs and probation fees), and several other penalties which include: suspended drivers’ license, probation, routine urine screening, community service, alcohol/drug education, victim impact panels, high risk auto insurance, and more.

Aggressive Criminal Defense for Felony and Misdemeanor Arrests in Indiana

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.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

When Did Felonies Change From Classes to Levels?

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Progression is something that is important in our society, and we would be nowhere without its principles. The same theory applies to the law, which is ever-changing, ever-evolving, and for very good reason. In Indiana, the judicial system has seen several drastic changes within Indiana Criminal Code. One of the most recent and notable changes has to do with felony charges and convictions. What used to be categorized as a Class D Felony is now something quite different.

When did Indiana make these changes to the state criminal code? Continue reading to learn this and more.

Indiana Federal Crime Lawyer
Indiana Federal Crime Lawyer 317-636-7514

July 1, 2014

The Indiana Criminal Code changes to the felony criminal punishment scale took effect on July 1, 2014. Prior to this date, there were four levels of felonies. Upon this date, the levels of felonies increased to six. Accordingly, the penalty ranges for each of the six felony levels changed too.

Felonies are now divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Murder is of course, the most serious offense.

Look below to see the current levels of felonies, including their minimum, maximum, and advisory sentences. Misdemeanors were not affected by the 2014 changes to the Indiana Criminal Code.

Murder – Most Serious

Level 1 Felony:
Minimum 20 Years Maximum 40 Years, Advisory Sentence 30 Years

Level 2 Felony:
Minimum 10 Years Maximum 30 Years, Advisory Sentence 17.5 Years

Level 3 Felony:
Minimum 3 Years Maximum 16 Years, Advisory Sentence 9 Years

Level 4 Felony:
Minimum 2 Years Maximum 12 Years, Advisory Sentence 6 Years

Level 5 Felony:
Minimum 1 Year Maximum 6 Years, Advisory Sentence 3 Years

Level 6 Felony – Least Serious
Minimum 6 Months, Maximum 2.5 Years, Advisory Sentence 1 Year

Changes to the Credit Time Calculation

The credit time calculations for felony charges were also revised. Prior to July 1, 2014, crimes allegedly committed will get one day’s credit for each day served. Once changes were made, the credit time calculations for felonies changed to one day’s credit for every seven days served, with certain exceptions.

Trusted Legal Advice for Felony Charges in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indiana felony crime lawyer, 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.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Is it Possible to Reduce My Criminal Charges?

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Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

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 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

The General Terms of Felony Probation

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.