Class A misdemeanor Indiana First Offense

I’ve Been Arrested for a Misdemeanor in Indiana, Now What?

For most people, when they are arrested for the first time, they have committed a misdemeanor. These are sometimes called “petty” crimes. However, when someone has been arrested for the first time, nothing seems petty, and the potential penalties for a misdemeanor can sound quite scary. If you’ve been arrested for a criminal charge, it’s crucial to understand your options and the potential consequences you may face. An experienced criminal defense attorney can help you navigate the legal process and protect your rights.

Three Classes of Misdemeanors in Indiana

In Indiana, misdemeanors are divided into three classes:

• Class A Misdemeanor: This carries a penalty that ranges from 0 days in jail up to 1 year in jail, with a maximum fine of $5000.00.
• Class B Misdemeanor: This carries a penalty that ranges from 0 days in jail up to 180 days in jail, with a maximum fine of $1000.00.
• Class C Misdemeanor: This carries a penalty of 0 days in jail up to 60 days in jail, with a maximum fine of $500.00.

If you are arrested for a misdemeanor, a few things can happen. The police may take you directly to jail, where you will either be released or be given a bond that you can post to get out of jail. Alternatively, the police may release you and give you a summons to appear in court at a later date. Regardless of whether you are arrested or summoned, your first hearing will be called an initial hearing. If you hire an attorney before the initial hearing, it’s possible that your attorney can waive this hearing, and you won’t have to appear in court. However, if you do attend, the court will explain the charges you face and the penalties you could be subject to.

Possible Penalties for Misdemeanors

You might be wondering, “What will happen to me if I’m convicted?” The truth is most people charged with misdemeanors don’t end up in jail. In fact, for most first-time offenders, diversion programs are available. These programs allow you to complete certain requirements—like community service or drug counseling—in exchange for having your charges dismissed.

If you don’t qualify for a diversion program, probation is another possibility. Probation usually involves supervision by a probation officer, and a conviction will appear on your criminal record. The good news is that you may avoid jail time altogether. Understanding the possible penalties for misdemeanors and the different outcomes available can be complex, and having the right legal representation can make a significant difference. If you want to learn more about the potential consequences you could face, it’s important to understand the factors that play a role in determining penalties.

When Jail Time Is a Possibility

In some cases, individuals with a significant criminal history, multiple DUI convictions, or severe aggravating factors in their case might face jail time. In these situations, the judge may order that you serve time in jail or under alternatives like home detention or work release. Understanding the distinction between felonies, misdemeanors, and infractions is crucial in knowing how serious your charge is and what penalties you might be looking at. If you’re unclear about what the charges against you mean, it’s always a good idea to consult with an attorney who can explain the legal differences and help you prepare a defense.

What Is a Class A Misdemeanor In Indiana?

In Indiana, a Class A misdemeanor is the most serious category of misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. It represents criminal offenses that, while less severe than felonies, still result in significant legal and personal consequences. These offenses often involve harm or potential harm to others or property. For instance, operating a vehicle while intoxicated (OWI) that endangers another person is a Class A misdemeanor.

As mentioned before, under Indiana law, misdemeanors are divided into three categories: Class A, Class B, and Class C. Class A misdemeanors are the most severe, often bordering on felony behavior without meeting the thresholds necessary for a felony charge. Offenses in this category are governed by Indiana Code Title 35, which details the state’s criminal laws and their application.

List Of Some Class A Misdemeanors In Indiana

Some common examples of Class A misdemeanors in Indiana include:

• Operating a Vehicle While Intoxicated (OWI): Particularly when it endangers another person.
• Battery Resulting in Bodily Injury: Intentional physical harm caused to another individual.
• Criminal Trespass: Entering or remaining on another person’s property without legal authorization.
• Theft (Under a Certain Value): Taking property valued below the threshold for a felony offense.
• Possession of Marijuana (Certain Quantities): Depending on the amount, this offense could be categorized as a Class A misdemeanor.

These examples demonstrate the broad range of offenses classified under this category. Some Class A misdemeanors may escalate to felonies if aggravating factors are present, such as repeat offenses or significant harm caused to others.

How Long Is The Statute Of Limitations For a Class A Misdemeanor In Indiana?

The statute of limitations for a Class A misdemeanor in Indiana is two years. This means that prosecutors have two years from the date the alleged offense occurred to file charges against the accused. If charges are not filed within this timeframe, the case cannot proceed in court.

The statute of limitations exists to ensure timely prosecution and preserve the integrity of evidence, including witness testimony and physical evidence. Certain circumstances may pause or “toll” this period, such as when the accused is outside Indiana or is actively avoiding prosecution. Indiana Code Title 35-41-4-2 outlines these timeframes and exceptions. Statutes of limitations are vital in balancing the interests of both the accused and the prosecution, as explained in Indiana’s New Automatic Expungement Law, which provides insight into the handling of criminal cases and statutes in the state.

What Is The Penalty For a Class A Misdemeanor In Indiana?

The penalty for a Class A misdemeanor in Indiana includes up to one year in jail and a maximum fine of $5,000. Courts may impose a combination of these penalties based on the severity of the offense and the defendant’s history.

Other potential consequences include:

• Probation: Instead of or in addition to jail time, courts may order probation with specific conditions.
• Community service: This may be assigned as part of the sentencing to provide restitution to the community.
• Mandatory programs: Courts may require offenders to complete programs, such as substance abuse counseling, anger management classes, or theft prevention courses.

Alternative sentencing, such as probation or diversion programs, may be available for first-time offenders. These programs can provide an opportunity to avoid jail time or have charges dismissed upon successful completion. The Hamilton County Misdemeanor Advisement document notes that courts often consider the nature of the offense and the defendant’s prior record when determining penalties, emphasizing that not all Class A misdemeanor cases result in the maximum sentence.

Can Class A Misdemeanor Charges In Indiana Be Dismissed?

Yes, Class A misdemeanor charges in Indiana can be dismissed, depending on the circumstances of the case. Dismissals often occur when evidence is insufficient, rights are violated during the investigation, or the defendant completes a diversion program or plea agreement.

First-time offenders are frequently eligible for diversion programs in Indiana. These programs typically require the defendant to meet certain conditions, such as completing community service, paying fines, and attending classes or rehabilitation programs. Upon successful completion, charges may be dropped, avoiding a formal conviction.

Charges may also be dismissed if an attorney can challenge the validity of evidence or police procedures. For example, if evidence in a criminal trespass case was obtained without a proper warrant or probable cause, a defense attorney may move to dismiss the charges. Legal counsel plays a critical role in identifying these opportunities and negotiating outcomes favorable to the accused.

How Long Do Class A Misdemeanors Stay On Your Record In Indiana?

Class A misdemeanors remain on your record indefinitely in Indiana unless expunged. Convictions can have long-term consequences, such as affecting employment opportunities, housing applications, and professional licenses.

Indiana law allows for expungement of misdemeanor convictions under specific conditions:

• At least five years must have passed since the conviction.
• All court fines, fees, and restitution must be paid in full.
• The individual must have no pending criminal charges.

If expungement is granted, the record is sealed from public view, meaning it will not appear in routine background checks conducted by employers or landlords. Nonetheless, law enforcement and courts retain access to the record. Indiana’s criminal record guidelines, as detailed in Indiana Court Records, highlight the importance of expungement for individuals seeking a clean slate.

Do Class A Misdemeanors Show Up On A Criminal Background Check?

Yes, Class A misdemeanors show up on criminal background checks in Indiana. This includes arrests, charges, and convictions, which can affect decisions made by employers, landlords, and licensing boards.

Background checks in Indiana typically reveal all non-expunged criminal records, including misdemeanors. This makes it essential for individuals with Class A misdemeanor convictions to address their records proactively. The Hamilton County Misdemeanor Advisement notes that addressing charges or convictions quickly with legal counsel can help minimize the long-term effects of a criminal record.

How to Proceed After Being Arrested for a Misdemeanor

Facing misdemeanor charges can be an overwhelming experience, but it’s crucial to know that you have options. Whether you are eligible for a diversion program or are facing the possibility of probation or jail time, the first step is to speak with a knowledgeable criminal defense attorney who can guide you through the process.

The Indianapolis criminal defense attorneys at Banks & Brower are ready to assist you 24/7, offering the legal support and guidance you need during this challenging time. Call us at (317) 526-4630 for a free consultation. We are here to help you explore your options and work towards the best possible outcome for your case. If you are unsure about how to proceed in choosing the right criminal defense attorney, be sure to read through key questions to ask when hiring a lawyer.