What to Expect if Charged with a Misdemeanor in Indiana

Posted on May 10, 2023 by admin

Being charged with a misdemeanor crime in Indiana can be a frightening experience. It is important to understand the potential consequences of your charges and how you might best defend yourself from them. While misdemeanors are generally less serious than felony offenses, they still carry penalties that could affect your life for years to come. A criminal defense attorney can help you navigate the legal process and protect your rights if you have been accused of committing a misdemeanor offense in Indiana.

In this blog post, we will discuss what to expect when facing misdemeanor charges in the state of Indiana. We’ll cover topics such as possible penalties, how to find an experienced criminal defense lawyer, and more. Keep scrolling to get started.

Call 317-636-7514 for Misdemeanor Criminal Defense in Indianapolis IN

What is a Misdemeanor?

Misdemeanor crimes are lesser offenses compared to felonies but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious. For instance, a first offense DUI is charged as a Class A misdemeanor if the driver has a BAC of 0.15% or higher, or a Class C Misdemeanor with a BAC below 0.15%. Whereas a public intoxication charge is penalized as a Class B misdemeanor.

Class A Misdemeanor (IC 35-50-3-2)

Class A misdemeanors are the most serious. In fact, Level 6 felonies (the least serious) are considered “wobblers” because they often have a good chance at being reduced to a Class A Misdemeanor. This misdemeanor comes with the longest minimum jail sentence and highest fines. Possession of marijuana over 30 grams is an example of a Class A misdemeanor.

Class B Misdemeanor (IC 35-50-3-3)

Class B misdemeanors are right in between the most serious and the least serious misdemeanor. They are punishable by a minimum sentence of 180 days in jail and up to $1,000 in fines. Public intoxication is an example of a Class B misdemeanor.

Class C Misdemeanor (IC 35-50-3-4)

Class C misdemeanors are the least serious. They are punishable by a minimum of 60 days in jail and up to $500 in fines. But with a tough criminal defense attorney pm your side, you can avoid jail time. A DUI with blood alcohol content under 0.15% is a Class C misdemeanor is the person has no alcohol-related priors.

Misdemeanor Criminal Charges and Penalties

When charged with a misdemeanor in Indiana, you can expect to face penalties such as fines, jail time, or both, if convicted. The exact severity of the punishment depends on the nature of the offense and your criminal history. You may also be required to attend drug treatment, anger management classes, community service, or other programs if applicable.

Additionally, you may have to pay restitution for any damages caused by your offense. It’s important to note that even after completing your sentence, a misdemeanor conviction will remain on your record and could affect your ability to obtain a job or housing in the future.

Another thing to expect when facing charges is the need for an experienced criminal defense lawyer who understands Indiana law and how it applies to misdemeanors. A good criminal defense attorney will be able to evaluate your case and work tirelessly to protect your interests. An experienced lawyer can also build a strong defense strategy, negotiate with prosecutors and judges on your behalf, and help you seek the best possible outcome for your case.

Conclusion

If you have been charged with a misdemeanor in Indiana, it’s important to understand what consequences you may face and how best to defend yourself against them. Being aware of the legal process ahead of time can help alleviate some of the uncertainty that comes along with being charged with a crime. An experienced criminal defense attorney will be able to provide guidance throughout the entire process and ensure that your rights are fully protected. If you’re facing charges in Indiana, reach out today for experienced legal representation.

Were you or a loved one just arrested for a misdemeanor offense in Indiana? Do not wait a second longer to get the skilled and aggressive representation you need to protect your reputation, future, and freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana about your misdemeanor charges. Our law firm will work around the clock to obtain the best possible outcome to your criminal case!

Do Misdemeanors Show Up on a Background Check?

Posted on September 20, 2019 by admin

Are you someone with a criminal past, and now worried what your background check says about you? If so, it is strongly encouraged to run a background scan on yourself to know exactly what others can have access to when it comes to your criminal record. Even if you only have minor offenses and misdemeanor arrests on your criminal background, it can still have an effect on several aspects of your life, from employment to dating, and everything in between.

Continue reading to learn what is likely to show up on your background check, as well as, where you can get help restricting access to your criminal record in Indiana.

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The Misdemeanor Affect

Although misdemeanors are less serious charges and convictions compared to felonies, they are still grim since they affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. And the record of this arrest and suspected offense still show up on a person’s personal and public record FOREVER, even if the charges are dismissed and no conviction was ever made.

So who can view these records? Anyone who has access to a computer, library, or police station. They are public records, which means they are available to anyone who takes the time out to seek them. Such parties include employers, landlords, brokers, school admission offices, neighbors, play group parents, and even potential romantic partners.

Will Your Misdemeanor Show Up?

Misdemeanor arrests, charges, and convictions are less serious types of crimes, so they are typically prosecuted by the county. So, in the case that a potential seeker of your criminal history performs a background check on a state program that does not include the particular county of arrest, there is a chance that your misdemeanor will not be on the scan results.

Furthermore, some background check portals are less comprehensive than others; so the higher quality background check source used, the more information it is likely to show. There are even paid background checks that really dig deep into a person’s criminal record, driving record, academic record, and more. Generally, employers and school admissions use these types of scans.

How to Restrict Criminal Records in Indiana

A new law regarding criminal record expungement has recently been passed in Indiana, which means that certain people now qualify to have their criminal records hidden or eliminated from public access. The process requires extensive filing and paperwork, all of which is very complicated. For this reason, most applicants hire a licensed criminal defense attorney who specializes in the service. You only get once chance to apply, and a minor error like a misspelled work or missed deadline can revoke your right to petition, forever.

Where to Get Started on Indiana Expungement

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana, and for Indianapolis misdemeanor criminal defense you can trust. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

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

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!

Common Drug Crime Terminology

Posted on October 20, 2016 by admin

Criminal Defense Attorney 317-636-7514

Within the criminal justice system, there are laws at both the state and federal levels that prohibit the possession, sales, and manufacture of illegal substances. Common illegal substances include drugs like marijuana, cocaine, heroin, and methamphetamine. If you are facing criminal drug charges for possession, trafficking, or manufacturing of an illegal substance, you will soon be meeting with your attorney. And as you start building your defense, you will likely come across several terms and legal jargon that may confuse you.

Continue reading to learn some common drug crime terminology you can expect to come across during the criminal justice process.

Controlled Substance

If the use and distribution of a medication or drug is governed by law, it is classified as a controlled substance by federal and state governments. These governments categorize all the different types of controlled substances by assigning them to a certain “schedule.” The different drug schedules represent the seriousness, danger, and risk of addition of a certain drug. The most serious drugs are Level 1 substances, like Marijuana and Heroin. The least serious are Level 5 drugs, such as codeine.

Trafficking

When a person is charged with the crime of selling, delivering, or distributing a controlled substance, it is called trafficking. On the streets, it is known as drug dealing. Generally, those facing trafficking charges also face between 3 years to life in jail. However, the level of punishment will vary depending on the:

➔ Type of Drug
➔ Amount of Drug
➔ Location of Crime
➔ Criminal History
➔ Age
➔ And More

Manufacturing

Engineering, cultivating, or producing an illegal substance is called drug manufacturing. And it is highly illegal in the United States. Cultivation is the process of growing, possessing, or producing naturally-occurring elements for the purpose of making an illegal substance. Chemically-produced drugs that are developed in labs include LSD (acid), cocaine, and meth.

Possession

The most common drug crime in the United States is possession. Being in possession of an illegal substance is against the law. This means a person cannot have illegal substances anywhere on their person, including underneath clothes and inside bags and vehicles. Possession charges can get tricky since there are many loop holes in the law. It is important to have an experienced criminal defense lawyer manage your case professionally.

Diversion

Many people arrested under the influence of an illegal substance are court-ordered to attend a diversion program. Diversion programs are meant to teach people about the dangers and corruptions associated with using illegal drugs. Often times they are ordered in place of jail time. Diversion programs include drug and alcohol abuse classes, victim impact panels, community service, and more.

Indianapolis Criminal Defense

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 reputable drug crime lawyer in Indiana. He handles a wide range of felony and misdemeanor criminal charges for both adults and minors. He also offers free initial consultations, so be sure to schedule yours today! Just call 317-636-7514 to speak with an Indianapolis criminal defense attorney you can trust.

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