CRIMINAL DEFENSE ATTORNEYS IN INDIANAPOLIS, INDIANA

Facing a criminal charge – whether it's a misdemeanor or a felony – is a stressful experience filled with uncertainty. It's a common fear to not know which turn will lead to freedom and which one will deeper into the system.

In Indiana, understanding the charges, the court process, and your rights is the first step in your journey toward a favorable outcome.

Our legal team at Smid & Merchant can craft a criminal defense that will walk you through the intricacies of the Indiana justice system and provide you with the knowledge you need to make informed decisions if you find yourself accused of a crime.

How a Reputable Attorney Can Help

A criminal charge, whether a misdemeanor or a felony, has the potential to upend your life. Crafting a comprehensive defense strategy involves a thorough understanding of the charges, the evidence, the court process, and the defenses available to you. It's a collaborative effort between you and your legal team to secure the best possible outcome.

Clearly, the moments immediately following an arrest are crucial. Exercising your right to remain silent and to an attorney can protect your interests. Once you have legal representation, your attorney will help you gather evidence, prepare for court, and, when necessary, negotiate plea deals that serve your best interests.

In court, your attorney will challenge the prosecution's narrative, cross-examine witnesses, and present evidence in your defense. Building a persuasive case requires attention to detail, a critical eye for the law, and an understanding of the human element in presenting your story.

Smid & Merchant offers steadfast support for those facing criminal accusations in and near Indianapolis, Indiana. Contact our law firm to set up a consultation, and discover the difference we can make in your case.

Misdemeanor Charges in Indiana

In Indiana, misdemeanors are divided into three main categories: Class A, Class B, and Class C. Class A misdemeanors are the most serious, carrying penalties of up to one year in jail and a fine of up to $5,000.

Class B misdemeanors can result in a sentence of up to 180 days in jail and a fine of up to $1,000, while Class C misdemeanors may lead to a jail term of up to 60 days and a fine of up to $500.

In addition, defendants should note that judges have a level of discretion in sentencing for misdemeanors. They can opt for probation, alternative sanctions, or diversion programs. These alternative sentences are designed not only to punish but also to rehabilitate the individual and prevent future criminal behavior.

However, individuals who commit the same misdemeanor multiple times may face an escalation of charges to a felony, dramatically increasing the potential penalties. For example, a misdemeanor resulting from domestic violence can escalate to a felony charge.

Felony Charges in Indiana

When charged with a felony in Indiana, you're dealing with offenses that could lead to more than a year in prison, potentially altering the course of your life.

The state classifies felonies into six levels, from Level 1 (the most severe) to Level 6 (the least severe), with each level carrying a specific sentencing range and advisory guidelines. Fines of up to $10,000 can accompany felony convictions.

One important item to note is that murder is an unclassified felony in Indiana, with potential sentences ranging from fixed terms to life imprisonment without parole or, in extreme cases, the death penalty. This seriousness underscores the gravity of a felony charge.

When dealing with felony accusations, it's paramount to understand the intricacies of the court process, the specifics of the charges against you, and the potential outcomes.

Just because a felony charge can lead to years in prison, it doesn't mean incarceration is the only outcome. Indiana law provides for suspended sentences, probation, and alternative programs that focus on rehabilitation. These programs continue to court problem-solving rather than purely punishing the convicted individual.

The process of determining the appropriate sentence takes into account both the aggravating and mitigating circumstances of the offense, aiming to render a judgment that's fair and proportional.

Possible Defense Strategies

The defense process is complicated and multifaceted, beginning with understanding the charge and evidence against you and culminating in building a robust legal argument with the help of a skilled attorney.

Common defenses include asserting innocence, self-defense, the insanity plea, and the entrapment defense.

• Self-Defense: In Indiana, if you've acted in self-defense, it's imperative that your belief in the need for self-protection was reasonable and that the force you used can be justified. A skilled attorney can help you build a case that demonstrates the validity of your actions under Indiana law.

• The Insanity Defense: The insanity defense is rarely used but can be a powerful tool in certain cases. It requires proving that, at the time of the offense, you were unable to appreciate the wrongfulness of your conduct as a result of a severe mental illness. Successfully pleading insanity can result in confinement to a mental institution rather than prison.

• Entrapped: Entrapment occurs when the government induces an individual to commit a crime they wouldn't have committed otherwise. Proving entrapment is challenging, as it requires demonstrating that the government's actions crossed a legal line. A knowledgeable attorney can evaluate your case and advise on whether entrapment may apply.

The Appeals Process

If convicted, you have the right to appeal your case. The Indiana Court of Appeals reviews lower court decisions for legal errors and, if warranted, can overturn convictions.

The appeal process is complex and begins with filing a notice of appeal within 30 days of the judgment. The court of appeals will then review the trial record, briefs from both parties, and may even hear oral arguments before making a decision.

Filing an appeal isn't simply asking for a second chance in court; it's a strategic legal maneuver demanding a thorough understanding of appellate law and procedures. It's essential to work with an attorney who is well-versed in the appellate process and who can construct a persuasive brief that meticulously details why the conviction should be set aside.