Criminal Law

Key Takeaways Spitting on another person qualifies as battery under Indiana law, not merely a social offense. Indiana Code 35-42-2-1 classifies spitting on someone as a Class B misdemeanor at minimum. Charges escalate to a felony when a serious or communicable disease is involved. A conviction carries fines, jail time, and long-term consequences for employment and housing. Early legal intervention shapes how prosecutors evaluate and resolve battery charges. Spitting on another person is not just…

If you or a loved one have been arrested or charged with a crime, you are probably wondering, how do I even go about hiring an attorney for this?  This is particularly true if this is your first time in the criminal justice system.  Thankfully, the process is not as hard as it seems!  Here, we have a step-by-step process to simplify it for you. Step 1: Start Reaching Out to Attorneys The first thing…

Many young people have roommates, and some of those roommates may use, deal, or otherwise possess illegal drugs. Some may wonder if they can get in trouble for drugs their roommate has in their possession. You can’t always control what a roommate does! Others aren’t necessarily in a financial position to be picky about who they live with. Well just because your roommate has or uses drugs, does not necessarily mean you can get in…

Getting an expungement can be one of the greatest life-changing events for someone with a criminal history. Why? Because it often takes an eraser to your criminal past – allowing people to start anew and with a fresh perspective on life. We at Banks & Brower, LLC, as experienced expungement attorneys, love helping people through this process. It is incredibly rewarding to watch the positive effect an expungement can have. Sadly, the legislature has made…

When an individual is charged with a crime in the State of Indiana, his or her case is traditionally placed in the “adversarial” court system, where the State seeks to prove guilt and the Court oversees a sentence, if the State is successful. The adversarial system often includes contested hearings, discovery of evidence, and perhaps even a trial to resolve the case. However, these adversarial courts are not the only types of court in which…

  In Indiana, individuals are able to request civil protection orders against another individual if necessary, for certain purposes.  Indiana law allows a civil protection order to be put in place against another individual if certain thresholds are met.  Incidents involving unwanted physical contact, including cases where someone gets arrested for spitting, can serve as grounds for filing a protection order under Indiana law. In this post, we will explore those situations where you or…

Key Takeaways Indiana defines perjury as knowingly making a false material statement under oath or affirmation. Contradictory material statements in court or grand jury may constitute perjury. Perjury is a Level 6 felony under state law. Prosecutors must prove the speaker knew the sworn material statement was false. False testimony given under witness immunity may still support a perjury charge. Court testimony carries legal weight in Indiana. Statements made under oath influence criminal trials, civil…

Domestic battery is one of the most common criminal charges filed in Indiana.   There are several misnomers regarding the crime of domestic battery, and there are several ways in which the crime can be enhanced.  This blog will focus on what the crime of domestic battery is, and the various ways in which that the state might try to enhance it.   What is Domestic Battery?   The crime of domestic battery is defined by…