Criminal Law

  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.  In this post, we will explore those situations where you or a loved one may be able to file for a civil protection order.   An individual is eligible to file a protection order against another…

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…

Key Takeaways Indiana law makes a person liable for knowingly or intentionally aiding another offense. Mere presence near a crime scene does not automatically create criminal responsibility. Penalties for aiding and abetting follow the classification of the underlying offense. Prosecutors must prove intentional participation in assisting criminal conduct. Aiding and abetting requires assistance tied to a completed offense during the act. Criminal charges in Indiana sometimes involve several people connected to a single event. Courts…

If you or your loved one is under the age of 18 and arrested or facing a criminal case, what happens now?  Unlike an adult, juveniles are handled differently when arrested for committing a criminal offense.   First, its not even called a criminal offense, it’s called an allegation of juvenile delinquency.  Almost all crimes that an adult would commit, when committed by a juvenile, will end up being handled in juvenile court.  There is an…

Key Takeaways A plea agreement resolves charges when a defendant accepts responsibility for concessions. Judges review plea agreements to confirm voluntary participation and understanding of waived rights. Indiana Rule of Criminal Procedure 3.3 allows guilty, not guilty, or mentally ill pleas. Charge bargaining reduces a criminal charge to a lesser offense. A guilty plea waives the right to a jury trial. Criminal charges move quickly through Indiana courts. Early hearings, evidence review, and negotiations between…

Yes, it all goes in . . . That is the general answer to the one question asked when people find themselves going through a dissolution . . . “are they going to be able to get half of my stuff?” Pursuant to Indiana Code 31-15-7-4 the court “shall” divide the property whether it was owned by either spouse before the marriage, acquired by the parties jointly, or acquired by either party individually, after the…

Key Takeaways Class A misdemeanor is punishable by up to one year in jail and $5000 fine. Statute of limitations is two years from offense date. First-time offenders may access diversion programs that allow charge dismissal upon completion. Class A misdemeanor convictions remain indefinitely unless expunged. Expungement requires five years, paid obligations, and no pending charges. I’ve Been Arrested for a Misdemeanor in Indiana, Now What? For most people, when they are arrested for the…