misdemeanor

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…

In Indiana, public intoxication laws go far beyond the common perception of someone being visibly drunk in public. Under Indiana law, being charged with public intoxication isn’t just about how intoxicated you are—it’s about your behavior. You can face legal trouble if your actions while under the influence of alcohol or drugs endanger others, cause a disturbance, or even alarm someone in a public space. For those in Indianapolis, a single lapse in judgment can…

Almost every single day our office receives calls from people charged with crimes involving victims on the other side. Just as often, the accused will say to us, “the victim doesn’t want me charged, but I got arrested and charged anyways, why?” Or, “the victim asked the prosecutor to dismiss the charges, but the prosecutor won’t, why?” The simple and straightforward answer is one that people don’t want to hear and often don’t understand. If…

In the state of Indiana, when someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is commonly known as a traffic ticket, such as a speeding violation. These are civil matters, meaning they do not carry the potential for imprisonment, but instead typically involve paying a fine. A felony charge, on the other hand, is criminal in nature and carries a…

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

Domestic violence is one of those topics that is very tough to discuss. Many times it occurs, unnoticed and uncharged — a perpetual and vicious cycle of abuse. Often times, many victims suffer greatly and fear reprisal or increased violence if they come forward — and thus the cycle continues. Unfortunately, at some point, the violence becomes so great that injuries are too much to hide, or the abuse is too much to take, and…

You hear the terms robbery and burglary used all the time in common day conversation.  But what do those terms really mean?  Today’s blog looks at the crimes of Robbery and Burglary and explains what they are and how they are different. Robbery When you think of the term of robbery think of someone taking something from someone else using force.  The statute reads, A person who knowingly or intentionally takes property from another person…

Erasing a Criminal Conviction or Arrest Under Indiana’s Second Chance Law This Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at expunging your criminal history. Expunging a criminal conviction is essentially the equivalent to taking an eraser to the history of your conviction.  So, if you had youthful criminal conviction or a lapse in judgment that resulted in a DUI conviction, then you should consider taking advantage of the new law by…