Criminal Defense Attorneys in Indianapolis

Defending Your Future and Your Freedom

It doesn’t matter if you are wrongly accused or simply made a mistake – the prosecutor will be focused on securing a conviction.

It is, therefore, the role of a skilled and proficient Indianapolis criminal defense attorney to analyze the evidence, evaluate the potential outcomes, and use every tool in his or her arsenal to advocate for you.

Your criminal defense lawyer is on your side, not the prosecutor.

By choosing the right defense attorney, you can present an intelligent defense, fight to maintain your innocence, adeptly negotiate with the prosecutor, or make cogent arguments about ethical or constitutional violations.

Eskew Law has provided clients located throughout Indiana with compassionate advice and guidance, creative and innovative defense strategies, and an unrivaled dedication to justice.

If you were arrested for a crime in any local Indiana city near Indianapolis, Eskew Law can assist you with fighting the charges.

Overview of Indiana Criminal Law

The Indiana General Assembly is responsible for enacting all criminal laws for the state of Indiana in Title 35 of the Indiana Code.

Title 35 defines various offenses, differentiates between misdemeanors and felonies, recognizes certain defenses, enumerates aggravating factors and sentencing enhancement factors, and provides sentencing ranges for crimes.

In addition, the Indiana court system also plays an active role in interpreting the law. Judges are tasked with expounding on the law by further explaining the elements of an offense or when certain defenses are available.

In layman’s terms, a crime is an action that is forbidden by the law. Crimes in Indiana are divided into misdemeanors and felonies, and these groupings are further broken up into classes.

The potential sentencing range is dictated by whether the crime is a misdemeanor or felony and what class it falls under.

Have you or a loved one been convicted of a crime? We know this is a scary time, but we have helped thousands of people just like you. We won’t let this mistake define who you are.

Indiana Misdemeanors Overview

Misdemeanors are less serious and often minor offenses that face up to one year in county jail. There are three classes of misdemeanors.

Class A Misdemeanors: Up to one year in county jail and up to $5,000 in fines
Class B Misdemeanors: Up to 180 days in county jail and up to $1,000 in fines
Class C Misdemeanors: Up to 60 days in county jail and up to $500 in fines

Common misdemeanors include driving under the influence, possession of marijuana, public intoxication, and disorderly conduct. While a misdemeanor offense may not seem as serious as a felony, a misdemeanor still stays on your criminal record and can impact your future. If you’re facing a misdemeanor offense, the best thing you can do to protect yourself is to work with an experienced criminal defense attorney.

Every case is different, and some judges use misdemeanor offenses to make an example of the defendant. Even if it’s your first offense, you could face incarceration, fines, and even probation. Any mitigating factors or a criminal history can increase the penalties you already face.

Indiana Felonies Overview

Felonies are severe offenses that are often associated with serious physical, emotional, or financial injury to a complainant. Felonies face anywhere from six months to life in state prison or even the death penalty.

Murder: 45 years to 65 years. The state may be able to try for life in state prison without parole or the death penalty and up to $10,000 in fines
Level 1 Felony: 20 to 40 years in state prison with an advisory sentence of 30 years and up to $10,000 in fines
Level 2 Felony: 10 to 30 years in state prison with an advisory sentence of 17.5 years and up to $10,000 in fines
Level 3 Felony: 3 to 16 years in state prison with an advisory sentence of 9 years and up to $10,000 in fines
Level 4 Felony: 2 to 12 years in state prison with an advisory sentence of 6 years and up to $10,000 in fines
Level 5 Felony: 1 to 6 years in state prison with an advisory sentence of 3 years and up to $10,000 in fines
Level 6 Felony: 6 months to 2.5 years in state prison with an advisory sentence of 1 year and up to $10,000 in fines

If you are facing a felony offense, you need a criminal defense attorney on your side immediately. Felony offenses are serious and come with severe criminal penalties. Fines, jail time, and probation are all probable, even if you don’t have a criminal history.

Being a convicted felon can also negatively impact your ability to find a job, secure housing, and more. Potential employers and landlords are much more hesitant to engage with a convicted felon than someone who has a simple misdemeanor on their record. As your defense team, we’ll always attempt to get your case thrown out. If that’s not possible, we can aim to reduce your charge to a misdemeanor or to reduce the penalties you are facing if you are convicted.

Indianapolis Criminal Defense Lawyers Working on a Variety of Crimes

Felony criminal charges are aggressively enforced and prosecuted at every stage of the process. A felony conviction will change a person’s life for years and decades to come.
Indianapolis felonies attorney Chris Eskew provides experienced representation based on the hundreds of cases he has taken to trial. At Eskew Law, we understand the impact a felony charge or conviction can have on your life, and we provide thorough preparation, personalized attention and a unique approach to each case based on the facts, the evidence and your individual situation.

With our extensive experience, there’s no criminal case that is too complex for us to handle. Our lawyers have been working in Indianapolis and around the state for years now. We are pillars in our community and have connections throughout the justice system. We are confident that we can get you a favorable outcome in your criminal case, no matter what your circumstances are.

Felony Criminal Defense Built Around You

It is this simple: if you live in Central Indiana and have been charged with a felony then you need a reliable Indianapolis criminal defense attorney. Even if the evidence against you is overwhelming, you need someone on your side who can work to get the charges or sentence reduced, protect you against over-aggressive prosecution, and work to minimize the long term damage a felony causes.

Felony cases demand experienced and knowledgeable legal counsel who understand how to negotiate with prosecutors, evaluate evidence, thoroughly prepare a case, and argue effectively in front of a judge and jury. Indianapolis felonies lawyer Chris Eskew can put an extensive career in criminal defense behind your case.

Steps Involved in a Criminal Case in Indianapolis

TV and movies often romanticize and fast-track criminal cases. However, criminal cases can be complex, and even the more simple ones involve several steps. Here is a glance at the seven general steps involved in a criminal proceeding.

Arrest

The criminal process usually starts with an arrest. Whether the arresting law enforcement officer had probable cause or a warrant for your arrest will be addressed later. If you are arrested, it is essential to remain silent and ask to contact a criminal defense attorney in Indianapolis immediately.

Arraignment

Typically, shortly after your arrest, you will have an arraignment hearing. Here, the judge will inform you of the formal charges you face, and you may enter a plea of guilty or not guilty. The court may also address the issue of bail and whether you may be released or held over in jail until your case is resolved.

Discovery

In general, the discovery phase is the period between arrest and trial when the prosecutor must provide specific evidence to your attorney. During this time, your attorney will also investigate and assess the prosecution’s case to find out what evidence they have against you.

Pretrial Motions and Conferences

Before trial, there is often a lot that goes on behind the scenes. The prosecutor and defense counsel might have multiple pretrial conferences with the judge to advise and discuss the status of the case. Most cases will also have some degree of pretrial motion practice. For instance, your defense attorney might file motions to challenge the admissibility of certain evidence.

Plea Negotiation

Despite what popular crime dramas depict, most criminal cases do not end up going to trial. Instead, the prosecutor evaluates the strengths and weaknesses of the case and often offers you a plea agreement. Defense counsel usually negotiates with the prosecutor to get the best deal possible and then discusses the plea offer with you. If you accept the plea, the judge will sentence you accordingly and resolve the case. If not, the case proceeds to the next step.

Trial

If a plea agreement is not offered or is rejected, the criminal case will proceed to trial. Here, it is the prosecutor’s burden to prove your guilt beyond a reasonable doubt. If the jury finds you not guilty, the case is over, and you are free to go home. However, if you are convicted, the case will proceed to the sentencing phase.

Sentencing

If you are found guilty by a jury of your peers, you will face sentencing. The maximum sentences, mandatory minimums, and sentencing ranges are all outlined in the Indiana Code.

However, judges oftentimes have leeway to impose other sentences. These include reduced county jail or state prison sentences. In addition, there are other penalties that do not involve incarceration.

These include:

Probation: Each county has its own probation department that supervises adults and juveniles who are ordered to participate in probation. For example, Marion Superior Court in Indianapolis has a large probation department. Probation is supervision in lieu of incarceration. After you are sentenced, a probation officer will be assigned to you. You will be released but must adhere to conditions set forth by the judge and your probation officer. These conditions may include fines and fees, drug testing, home visits, maintaining employment, weekly meetings, drug or alcohol treatment, community service, staying away from the complainant, and counseling or therapy. If you successfully complete probation, your case will be closed. However, if you fail to meet all of the conditions, you may have jail or prison time hanging over your head
Alternative sentences: Judges, especially with misdemeanors, can get creative with sentences. These sentences can be similar to probation without the oversight of a probation officer. For example, you could be ordered to complete community service, pay a fine, or suffer administrative consequences such as suspension of your driver’s license for a DUI conviction
Community Corrections sentences: Some crimes allow for the possibility to serve your executed time in the county community corrections programs. These programs include work release and home detention. You are able to earn the same jail credit serving these sentences as you would in prison or in jail

Even if you are sentenced to incarceration, you may receive “good time credit.” You may also be released early on parole. Parole is similar to probation in that you will be assigned to a parole officer for a certain number of months or years and will be required to follow certain conditions.

To discuss your case with a reputable Indianapolis criminal lawyer during a free, confidential consultation, call Eskew Law at 317-793-2325.

How Do You Defend Against Criminal Charges?

Your strategy for defending against criminal charges depends on the crime you are accused of and the evidence against you. Our criminal defense law firm will spend time investigating the prosecution’s evidence and learning more about your case before crafting a defense strategy that’s right for you.

Depending on the circumstances of your case, your criminal defense may include:

Alibi – The prosecution must prove that you had the chance to commit the illegal act in order to convict you of the crime you have been accused of. If you have an alibi that places you elsewhere at the time of the crime, this can be used in your defense. Evidence of an alibi could include witness statements, photo evidence, receipts, and more.
Self-Defense – If you have been accused of a violent crime, a self-defense strategy may work for you. The law allows you to use reasonable force if you believe your life or the lives of others are in danger. A self-defense plea may reduce or even remove your charges.
Police Misconduct – Law enforcement officers must follow strict regulations when gathering evidence, interrogating defendants, and more. If the police broke the law while investigating your case, our team could get key pieces of evidence thrown out.
Unlawful Search and Seizure – When collecting evidence, officers must follow regulations and a chain of custody. If any evidence against you was collected unlawfully, our team can challenge it.
Constitutional Violations – After you are arrested or detained, you have rights that must be honored. For instance, you have the right to an attorney before or during a police interrogation. If your rights were violated or not explained to you, your case may be invalid.
Statute of Limitations – Certain crimes are subject to a statute of limitations. Once that statute runs out, a defendant typically cannot be charged with the crime in court. If your alleged crime is subject to a statute of limitations, our team can use this to our advantage.
Reasonable Doubt – It’s the prosecutor’s job to prove that you committed a crime beyond a reasonable doubt. Our team can focus on introducing doubt into the case by fighting against the allegations with evidence in your favor.
Entrapment – When an official induces you to commit a crime, it could be called entrapment. An entrapment defense may be plausible if a member of a government body pushed you into committing a crime.

What Kinds of Cases Can You Help With?

No matter what kind of crime you have been charged with, our law firm can assist you. Our attorneys have years of experience in criminal law, representing clients of all ages and backgrounds.

Drug Crimes – Drug crimes are taken very seriously in Indiana. Even first-time offenders can receive harsh criminal consequences. If you’ve been charged with possession or any other drug crime, an experienced criminal defense attorney on our team is here to help you.
Sex Crimes – Prostitution, failure to register as a sex offender, child molestation, and other sex crimes have a negative stigma in society. By working with an Indiana criminal defense lawyer, you can preserve your reputation while defending your future.
Murder – Violent crimes like murder come with severe criminal penalties. If you’re facing murder charges, you need an Indianapolis criminal defense lawyer on your side to create a foolproof defense strategy.
Juvenile Crimes – Juvenile offenders may face less severe punishments, but their futures depend on a strong criminal defense strategy. If your child has been charged with a crime, contact our team today.
Domestic Violence – Being accused of domestic violence can disrupt your entire life. In a single instance, you could lose your home, the ability to see your children, and your good reputation. We can defend you against these charges so you can get back to your normal life as fast as possible.
Gun Crimes – Crimes that involve deadly weapons often have increased penalties. Possession of a firearm by a felon and pointing a firearm are just two charges that could lead to imprisonment. Contact our team today to start working on your gun crime defense case.
Property Crimes – Theft, burglary, robbery, and trespassing are considered property crimes and can carry harsh penalties. These penalties may be elevated based on aggravating factors. For the best chance of reducing or removing your charges, contact our team today.
Traffic Violations – Traffic crimes may seem relatively mundane, but they can lead to increased penalties over time. If you are facing fines, a driver’s license suspension, or jail time for a traffic violation, our criminal defense team can help.

How Do You Know You Need a Criminal Defense Lawyer?

If the State charges you with a crime, you need an Indianapolis criminal defense attorney. Hiring a reputable criminal attorney in Indianapolis is your best chance to protect your rights and get the best outcome possible. Whether you were issued a misdemeanor summons or were arrested and detained, your freedom, reputation, and financial security are on the line. Contact our criminal defense attorney in Indianapolis, IN, today.

Can You Appeal a Conviction?

Even if you are convicted of a crime, you have more options. It’s possible for judges and juries to make mistakes and convict you unnecessarily. If that happens, our team can help you submit an appeal.

During your appeal, our lawyers will make an argument as to why the original decision was misguided or unlawful. Similarly, we can argue for a reduced sentence if your original sentencing was too harsh.

Even if your conviction is sustained, you can ask to go back to the original trial court and request a new trial. You must be eligible for this option, but new evidence in your case could necessitate a new court hearing.

What is Expungement?

If you serve your sentence and are released from prison, your criminal record will still follow you around. Having a criminal record can make it difficult to apply for jobs, secure housing, and more. Because of this, some convicted individuals have the option to expunge their records.

Expunging your records means erasing them from the public database. Essentially, it will be as if the crime and conviction never happened. While certain members of the government can access expunged records, like judges, most people will not know that you were ever convicted.

Expungement law dictates that only certain crimes and offenders are eligible for this service. If expungement is not an option for you, you may be able to seal your records instead. Sealing your records hides them from the public eye but still allows them to be accessible to law enforcement and other professionals.

If you’re having trouble moving forward with your life after a criminal offense, talk to our team today about expunging or sealing your records. Many convicted individuals find relief in no longer having a criminal record that follows them around.

What to Look for in a Criminal Defense Attorney

When you are facing serious penalties for a misdemeanor or felony offense in Indiana, it is imperative that you seek legal guidance from an Indianapolis criminal defense lawyer who is competent in the courtroom, proficient at negotiation, and skilled at thinking outside the box.

After an arrest, your first thought may be to hire the first or cheapest Indianapolis law firm you find. This decision is too important to make emotionally.

You will want to consider several characteristics when looking for a criminal defense attorney. You need someone who is intelligent and able to analyze and evaluate your case thoroughly. But you also want to choose an attorney who devotes a good portion of their practice to criminal defense litigation. A tax attorney or general practitioner will not be your best choice when your freedom is on the line.

You need someone who is smart and able to fully analyze and evaluate cases.

You need someone like Chris Eskew, Indianapolis Criminal Defense Attorney.

With years of defending, not prosecuting, Indiana clients, Eskew Law, understands that the most important part of representing someone accused of a crime is strategy and experience.

Thinking intelligently and with your goals always in mind allows our firm to make smart decisions that reflect your personal priorities. Our criminal defense attorneys have been active in the Indianapolis community for years, and we have helpful connections that can be used to your advantage. We treat every client how we would want to be treated, offering our full and total attention throughout their entire case.

What Does a Criminal Defense Attorney Do?

As your legal team, our criminal defense attorneys are here to walk you through your case step by step. We’ll answer your questions, address your concerns, and help you get the outcome you deserve.

Because our team has been serving clients in Indianapolis for years, we are prominent members of the community and have extensive trial experience. We are confident that with our combined efforts, we can protect your rights in and out of the courtroom.

As your criminal defense attorneys, we will take the following steps:

Investigate Your Case

The circumstances of your case and the evidence against you will impact your defense strategy. Our first step is to investigate your case, examining evidence and talking to the prosecution as we do so. We’ll also learn your side of the story to begin crafting your defense.

Develop a Defense Strategy

Your defense strategy will be unique to you and your circumstances. Once we know everything there is to know about your case, we’ll then put our heads together and create a defense strategy with the highest chance of success. Depending on your goal, we may push for a trial or aim for a plea deal.

Gather Evidence in Your Defense

The right evidence can make or break a criminal case. Once we develop a criminal defense strategy, we’ll begin gathering evidence to support it. Witness statements, photos, videos, and other documentation may all play vital roles.

Negotiate With the Prosecution

Not many criminal cases actually go to trial — instead, a lot of them are settled outside of court via negotiations. A criminal defense attorney on our team will meet with the prosecution to discuss a plea deal, which can reduce or even remove your penalties or charges. We can then advise you on whether or not the plea deal is in your best interest.

Represent You in Court

There’s always a chance that your case will go to trial. Our team has extensive experience defending people in court. We will present all the evidence we have in your favor to argue against the prosecution’s case.

Appeal

Even if you are convicted in court, our team won’t stop fighting for you. If you are convicted unfairly, our team will work with you to submit an appeal and hopefully get that conviction overturned.

Entrust Your Future in the Hands of a Skilled Indianapolis Criminal Defense Lawyer

To schedule a consultation with Eskew Law, contact us today.

During your initial consultation, our experienced Indianapolis criminal defense attorneys will review your arrest, explain the law, discuss your options, and begin formulating a strategy to defend against the charges. You deserve a competent legal team that will walk you through your case from start to finish, fighting for a positive outcome for you and your family.

We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana.

To schedule an appointment, contact us today by calling 317-793-2325.