Common Types of Criminal Charges and Common Defenses in Indianapolis
The most common types of criminal charges Indianapolis criminal defense attorneys defend people against include DUI/OWI, domestic violence, drug, and gun charges. This article discusses some basic information on these charges and potential defenses.
DUI/OWI Charges
The terms “driving under the influence” (DUI) and “operating while intoxicated” (OWI) mean the same thing under Indiana Law. In Indiana, a motorist can be charged with DUI/OWI if they are found to be operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. You can also be charged with DUI/OWI if found to be operating with any amount of controlled substance in your system.
The penalties for a DUI/OWI in Indianapolis depend on the circumstances. Possible penalties for DUI/OWI in Indianapolis include jail time, fines, and license suspension.
If charged with DUI/OWI, the following are some of the possible defenses a skilled defense attorney can raise in your case;
- You were not “operating” a motor vehicle
- The chemical test was not lawfully obtained
Your attorney will assess your case and develop a defense strategy depending on the specifics of your case.
Domestic Violence Charges
Domestic violence can be charged as a misdemeanor or felony in Indiana. If you are convicted of domestic violence, you could serve time in prison or jail and pay a fine of up to $10,000. Also, a domestic violence conviction has many collateral consequences, including your right to possess a firearm.
In Indiana, domestic violence charges may include the following;
- Battery
- Stalking
- Invasion of privacy
- Neglect and abuse
- Intimidation
- Kidnapping
- Strangulation
Defense strategies in domestic violence cases include;
- Providing an alibi. This is when you allege that you were somewhere else other than at the scene of the crime when it happened.
- Showing that the prosecutor does not have enough evidence to prove their case beyond a reasonable doubt.
- Arguing that the accuser is lying.
An experienced defense attorney can help you devise an effective domestic violence defense strategy.
Drug Charges
Drug charges in Indiana range from a Class B misdemeanor which carries a maximum penalty of 180 days in jail and a $1,000 fine, to a Level 2 felony, which carries a maximum penalty of 30 years in prison and a $10,000 fine. Drug possession is the most common type of drug offense charged in Indiana.
Defenses that can be used against drug charges include;
- You did not possess the substance
- You did not know what the substance was
- The substance was seized pursuant to an illegal search
- Showing that the defendant is a victim of entrapment
Gun Charges
According to IC 35-47, the following are some gun crimes in Indiana;
- Criminal Recklessness
- Possessing a gun on school grounds
- Obliterating identification marks
- Giving false information when purchasing a gun or applying for a license
The defense available for a gun charge will depend on the facts of the case. That said, potential defenses in a gun crime case include the following;
- You did not possess the gun
- The gun was seized pursuant to an illegal search
- The gun does not work and could not readily be made to work
Contact an Indianapolis Criminal Defense Lawyer
If you are facing criminal charges and need legal help, contact our experienced Indianapolis criminal defense lawyer at Rigney Law LLC.
Source:
law.cornell.edu/wex/alibi
