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OUR FIRM IS ON YOUR SIDE.
The Support You Need
Being charged with a crime can feel overwhelming. With Avnet Law as your representative, we will fight with you for the best possible outcome in any case. We will evaluate all potential defenses, including dismissals, diversions, and challenging the evidence.
The Defense You Deserve
Our firm can be an invaluable partner that will work for your best interests in this difficult time. A conviction can mean disastrous consequences for your future. Avnet Law was built on the commitment to providing legal excellence, frequent communication with clients, and aggressive representation.
We take pride in our commitment to providing excellent service to our clients. Our high-ratings on Google and other sites reflect our commitment to making frequent communication with our clients a priority, quickly responding to client questions about the status of their case, the law, and court procedure.
TYPES OF CRIMINAL CASES WE HANDLE AT AVNET LAW
At Avnet Law, our experienced Indianapolis Criminal Defense Attorneys can help you defend against any criminal charges. We understand that convictions can have a serious impact on your ability to seek employment, apply for loans, apply for financial aid, vote, and own firearms. We handle all criminal matters, including:
Each criminal case is different and has its own set of facts and unique circumstances. Also, each county in Indiana is different on how they handle criminal cases. For example, some counties offer pre-trial diversion programs instead of convictions while others may not. A pre-trial diversion program (also called a diversion) includes paying a fee and completing specific requirements of the program. These can include mandatory classes and community service. The benefit of a diversion is that once you successfully complete the program, your case would be dismissed and you would not have a conviction on your record. Contact one of our Indianapolis Criminal Defense Attorneys to find out if you are eligible for a diversion for your case.
What are the potential penalties for criminal convictions in Indiana?
In Indiana, criminal charges are broken down into two categories: Misdemeanors and Felonies.
Of the two categories, Misdemeanors are typically more minor offenses and carry a maximum penalty of up to one year in jail. In Indiana there are three classes of Misdemeanors: Class A, B & C Misdemeanors. Of these, Class A Misdemeanors are the most serious.
Felonies in Indiana are more serious offenses and carry more severe penalties. In Indiana there are six levels of Felonies, Levels 1-6 and Murder is its own category. Level 1 Felonies are the most serious.
Below are two charts indicating the potential sentences and fines for each type of criminal charge.
INDIANA FELONY SENTENCING GUIDELINES CHART
|Level||Sentence Range (Min. – Max.)||Advisory Sentence||Potential Fine|
|Murder||45 years – Death||55 years||$0 – $10,000|
|Level 1 Felony||20 years – 40 years||30 years||$0 – $10,000|
|Level 2 Felony||10 years – 30 years||17.5 years||$0 – $10,000|
|Level 3 Felony||3 years – 16 years||9 years||$0 – $10,000|
|Level 4 Felony||2 years – 12 years||6 years||$0 – $10,000|
|Level 5 Felony||1 year – 6 years||3 years||$0 – $10,000|
|Level 6 Felony||6 months – 2.5 years||1 year||$0 – $10,000|
INDIANA MISDEMEANORS SENTENCING GUIDELINES CHART
|Class||Sentence Range||Potential Fine|
|Class A Misdemeanor||0 days – 1 year||$0 – $5,000|
|Class B Misdemeanor||0 days – 180 days||$0 – $1,000|
|Class C Misdemeanor||0 days – 60 days||$0 – $500|
Probation & Community Corrections
If convicted of a crime in Indiana, you may be required to undergo one or more of the following in addition to jail time OR instead of jail time. Every criminal case is different and it may depend on the county or court in which your criminal case is pending. Speak to one of our experienced Indianapolis Criminal Defense Attorneys to determine which of the following may be applicable to your case.
If you plead guilty pursuant to a plea agreement, the Court can either accept or reject the plea agreement. If the Court accepts the plea agreement, then the Court can only sentence a Defendant pursuant to the terms of the plea agreement.
If a Defendant is convicted without a plea agreement, the Court has a certain amount of discretion when it comes to deciding the length of a person’s sentence, within the ranges identified above. The Court could suspend part or all of a Defendant’s sentence and place a person on probation or in community corrections program instead of jail or prison.
Probation is available in all counties in Indiana, but each county runs its own probation department differently. For instance, smaller counties will typically combine their probation departments, while Marion County has its own and very large probation department. The way probation is administered is also different between counties.
Probation is essentially an agreement between a Defendant and the Court to follow certain terms and conditions in exchange for suspending the Defendant’s jail time. Each Probation department has specific terms and conditions that must be followed. These can include random drug and alcohol testing, home visits, weekly meetings or phone calls, community service, maintaining employment, and attendance for specific behavioral classes. Keep in mind that these are just some of the requirements, but not all of them. If you successfully complete the probation requirements, your case will be over and the matter will be closed. However, if you violate the terms and conditions of probation, the probation department will typically file a Notice of Violation of Probation. The Court will then hold a fact-finding hearing to determine if a Defendant did indeed violate the terms of probation. If the Court finds that a Defendant violated the terms, the Court can order that all or a portion of the Defendant’s suspended sentence be served in jail, prison, or on a community corrections program.
Community corrections programs are also offered in lieu of prison or jail time as a sentencing alternative. These programs are more restrictive than probation. Again, each county’s community correction may have different requirements, but most offer either home detention or work release.
For home detention, a Defendant is required to be confined to their home for all or a portion of their sentence. The Defendant would typically be required to wear an ankle bracelet for monitoring, and would only be authorized to leave their home with permission from their case manager (for work or otherwise). Leaving the home without permission would violate the terms of home detention and a Defendant could be required to serve the rest of their sentence in jail, or even the potential of a new charge of Escape as a Level 6 Felony being filed.
Work release is more restrictive, as a Defendant must reside at the Community Corrections facility instead of at home, but is authorized to leave the facility for work-related purposes. Having employment, or the ability to quickly get a job, is typically a pre-condition to being accepted in work release.
You should speak to a qualified Indianapolis Criminal Defense Attorney to discuss probation or community corrections options if applicable to your case.
ENGAGE IN YOUR DEFENSE
When you are charged with a crime in Indiana, the State must provide you with all of the evidence that the prosecution intends to use against you. The prosecution cannot “surprise” you at trial or try to hide any evidence. Some of the evidence that the prosecution typically relies on is:
- All police reports and 911 calls;
- Medical records;
- Physical Evidence (Weapons, drugs, fingerprints, documents, etc.)
- Photographs and videos, to include dashboard and body cameras;
- Statements of all witnesses or victims;
- All laboratory reports, to include toxicology and drug testing reports; and
- Any other documents that the prosecution intends to introduce into evidence or that a witness will testify about.
You can also have your own witnesses or physical evidence. For example, if you have a witness or witnesses who can corroborate an alibi, or can testify that the events that took place didn’t happen in the manner outlined by the police, you may be able to challenge the prosecution’s case. You could also challenge the toxicology or lab reports to defeat the prosecution’ case.
SCHEDULE A FREE CONSULTATION WITH AN INDIANAPOLIS CRIMINAL DEFENSE ATTORNEY TODAY!
This article contains a lot of information on the laws and procedures when you are charged with a crime in Indiana. As you can see, there are several nuances and pit-falls when the State of Indiana has charged you with a crime. We have tried to address many of the issues that commonly arise when you are charged with a crime in Indiana. However, reading this article is NOT as substitute for speaking to a qualified Indianapolis Criminal Defense Attorney.
If you have questions about the criminal procedure, evidentiary issues, the possible sentencing outcomes of your case, the potential defenses in your case, or if you or a loved one has been charged with the crime by the State of Indiana, it is important that you speak to an experienced Indianapolis Criminal Defense Attorney to discuss the specific facts of your case. Since every criminal case is different, the attorney can help develop a plan of action to defend against the case, discuss potential plea agreements, prepare for trial and other hearings, or to answer any questions that you may have when you are charged with a crime in Indianapolis. The important thing to remember is you are not alone and do not have to handle this by yourself. Get experience on your side today!
Avnet Law understand the issues and can advise clients regarding the criminal laws and procedures in Indiana. Avnet Law represents clients in criminal cases in Indianapolis, the surrounding communities, and throughout central Indiana.
Call 1-877-77-AVNET to Schedule a Free Consultation with an Indianapolis Criminal Defense Attorney today or contact us with any questions you may have about your case and the criminal justice system or process in general.