Facing a misdemeanor charge in Indianapolis might not seem like a major issue at first glance. But even these less severe criminal charges can trigger significant consequences. Because of this, it’s crucial to retain an experienced criminal defense attorney who can help build a defense and ensure you face the least severe punishment possible.
At Suhre & Associates, LLC, our legal team has over 100 years of combined experience to put behind your criminal case. We can protect your rights and work to minimize the penalties you face for your misdemeanor charge.
If you’ve been arrested or believe you may soon be facing charges in Indianapolis, IN, let us help you. Contact our criminal defense law firm to schedule a free consultation with an experienced Indianapolis misdemeanor lawyer or call (317) 759-2599.
How Suhre & Associates, LLC Can Help If You’re Facing Misdemeanor Charges in Indianapolis, IN
When you’re arrested and charged with a misdemeanor in Indianapolis, Indiana, it may not always be clear what steps to take. It is essential to have a lawyer who understands the legal process and can best represent your interests.
Here’s how Suhre & Associates, LLC can help:
Meet With You During a Free Initial Consultation
The first thing we will do is meet with you to understand everything we can about your case, your background, and anything else you think is important so we have all the relevant facts.
Conduct an Investigation
We will thoroughly look into the details of your case and gather evidence. This includes reviewing arrest procedures, questioning witnesses, seeking security footage if available, and consulting expert witnesses if necessary.
Handle Bail Proceedings
If necessary and possible, we will argue to have you released on your own recognizance or have your bail set at an amount you can afford so you can fight your case from home.
Negotiate Plea Deals
Another way we can help is through negotiations with prosecutors. We can attempt to reach a plea agreement to reduce your charges or penalties in exchange for a guilty plea. In some cases, this is better than going to trial. This decision will be 100% yours, and you never have to plead guilty if you don’t want to.
Represent You at Trial If Necessary
Our attorneys will present your case and defend you in court. This involves studying every aspect of the evidence, identifying inconsistencies in the prosecution’s arguments or evidence, cross-examining witnesses, and presenting our own evidence.
No matter what the situation is, our Indianapolis criminal defense attorneys will do everything possible to help you with your case. If you need help, contact Suhre & Associates, LLC to schedule a free consultation with an Indianapolis misdemeanor attorney.
Overview of Misdemeanors in Indiana
Misdemeanors are criminal offenses that are considered less severe than felonies but more serious than infractions. In Indiana, misdemeanors are divided into three classes: Class A, Class B, and Class C. Each class carries a different range of potential penalties.
Common Misdemeanors in Indiana
Some common misdemeanors in Indiana include:
- Assault
- Selling or possession of marijuana
- Domestic violence
- Intimidation
- Operating a vehicle while intoxicated (OWI/DUI)
- Possession of a controlled substance
- Patronizing a prostitute
Some crimes may be charged as misdemeanors or felonies, depending on the circumstances, the severity of the offense, and your criminal history.
What Are the Penalties For Misdemeanors in Indianapolis, Indiana?
The potential legal consequences of a misdemeanor conviction in Indiana depend on the classification of the misdemeanor. The following is a breakdown of the potential punishments for each Indiana misdemeanor class:
Class A Misdemeanor
This is considered to be the most serious misdemeanor charge. If convicted of a Class A misdemeanor, your sentence could include a maximum jail term of one year. Additionally, there may also be fines of up to $5,000.
Class B Misdemeanor
Offenses under this class are deemed less severe than Class A misdemeanors but still carry significant consequences if convicted. The prison term for someone who commits a class B misdemeanor cannot exceed 180 days. You may have to pay fines of up to $1,000.
Class C Misdemeanor
If convicted of a Class C misdemeanor, you can face imprisonment for no more than 60 days. Additionally, a fine of up to $500 can be imposed by the court.
What Defenses Can Be Raised If I’m Arrested for a Misdemeanor in Indianapolis, IN?
There are many legal defenses to misdemeanor charges in Indianapolis, though they each depend on the specific charge. The following are some of the most common defenses that are used for misdemeanor charges:
DUI Defenses
If you’re facing charges for driving under the influence (DUI/OWI), there are a few common legal defenses a skilled attorney might raise:
Unlawful Stop or Arrest
An argument often used is that law enforcement officials conducted an improper or illegal stop or violated procedures during arrest. This could lead to evidence being suppressed, which can severely weaken or even completely derail a prosecutor’s case.
Inaccurate Breathalyzer Test
Your attorney might also question the validity of breathalyzer results, arguing that the results were not accurate. This can be due to improper calibration, administering the breathalyzer at the wrong time, or user error.
Rising BAC
The rising blood alcohol defense is also used in DUI cases. It’s based on the premise that your blood alcohol content (BAC) continues to rise after you stop drinking, as alcohol gets absorbed into the bloodstream only gradually.
Therefore, at the time of driving, your BAC might have been below the legal limit but rose above the threshold later when testing happened. This posits that you technically weren’t under the influence while actually operating the vehicle, contrary to what results suggest.
Drug Possession Defenses
If you’re facing charges of drug possession, it’s essential to have a clear understanding of potential defenses available to you.
Lack of Knowledge
To be convicted of drug possession, you must have knowingly possessed the substance. Your lawyer could argue that you were unaware that the illegal substance was in your vicinity or in an object belonging to you. For example, you were in a friend’s car and drugs were present, but you didn’t know.
Prescribed Medication
If the substance you are accused of possessing is a medication that was prescribed to you by a licensed healthcare professional, this can be used as a defense. Your lawyer can present evidence of a prescription to help prove your innocence.
Legal Defenses for Selling Marijuana
When facing charges related to selling marijuana, it is crucial to know the potential legal defenses available to you. Some of the most common include the following:
Mistaken Identity
In some cases, individuals charged with selling marijuana may be innocent victims of mistaken identity. This can occur when law enforcement mistakes you for the actual person who was selling the drugs.
Entrapment
Entrapment is a defense that could be used in a case where you are charged with selling marijuana. This defense hinges on the premise that law enforcement agents induced you to commit an offense that you otherwise wouldn’t have pursued under normal conditions.
To effectively use the entrapment defense, you must provide evidence to show you were induced or coerced into selling marijuana. If authorities merely provided an opportunity for a crime that you willingly carried out, an entrapment defense will not be successful.
Possession, Not Selling
One possible defense to selling marijuana is claiming that you were only possessing the drug, not selling it. This can be a viable defense if you can provide evidence, like the fact that no money exchanged hands or that you did not have any packaging or scales on your person.
While this defense might help you avoid serious charges related to selling marijuana, keep in mind that possession of marijuana is still a crime.
Defenses For Violent Crimes
If you’re faced with assault charges or other charges relating to a violent crime, there are various defenses that your Indianapolis criminal defense attorney can raise to challenge them:
Self-Defense
In this line of defense, you admit participating in the act that caused harm but argue that you were simply defending yourself. Your lawyer can present evidence showing that you reasonably believed you were in imminent danger and used the appropriate force needed to prevent yourself from being harmed.
Mistaken Identity
This defense comes into play when you’re wrongly identified as the perpetrator. Witnesses or victims might misidentify you due to poor lighting, faulty memory recall, or the inherent potential for human error in stressful situations.
Being charged with a misdemeanor in Indianapolis is a serious situation, as potential penalties include jail sentences and significant fines. No matter the circumstances surrounding your case, a skilled Indianapolis criminal defense lawyer can provide the necessary guidance to navigate the situation effectively.
Contact Suhre & Associates, LLC to schedule a free consultation with an Indianapolis misdemeanor lawyer.
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Suhre & Associates, LLC
101 W Ohio St #2000
Indianapolis, IN 46204
(317) 759-2599
