Protecting You from Criminal Consequences

Whether you have a criminal history or this is your first encounter with the justice system, being accused of a crime is always an overwhelming experience. Getting arrested, learning about your charges, and facing a court hearing may all be new for you. Unfortunately, many people don’t have the experience necessary to defend themselves in a court of law.

If you’ve been charged with a crime, you need a criminal defense law firm in your corner. At Eskew Law, we are committed to representing our clients and getting them the best possible outcome in their case. Your criminal defense lawyer will stay by your side every step of the way, answering your questions and crafting a legal defense strategy to get you the outcome you deserve.

Our team is here to discuss your case and talk about your options. For more information, contact us today by calling 317-793-2325.

What is a Misdemeanor?

When you are charged with a crime, it will likely be categorized as a misdemeanor or felony offense. A misdemeanor is a minor offense that often carries penalties of fines and up to one year in jail.

In Indiana, there are three classifications of misdemeanors:

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

While misdemeanors may be “less severe” than felonies, they can still affect your future in a big way. Possession of marijuana, public indecency, driving under the influence, and public intoxication are some of the most common misdemeanors in Marion County. Being convicted of a misdemeanor offense stays on your criminal record, which can make it difficult to find a job or pursue an education.

If you’re facing a misdemeanor charge, get legal representation today. Our law office will investigate your charges and determine the best way to minimize your penalties.

What is a Felony? 

A felony is a severe offense that comes with penalties of over one year in jail or prison. In most cases, felonies are associated with physical, mental, or emotional injury to a victim. Being convicted of a felony can have significant consequences on your future.

In Indiana, the penalties for various felony offenses include:

• Murder: 45 to 65 years in prison. Depending on the crime, it could also include life in prison without parole or the death penalty plus $10,000 in fines
• Level 1 felony: Up to 40 years in prison and $10,000 in fines
• Level 2 felony: Up to 30 years in prison and up to $10,000 in fines
• Level 3 felony: Up to 16 years in prison and $10,000 in fines
• Level 4 felony: Up to 12 years in prison and up to $10,000 in fines
• Level 5 felony: Up to six years in prison and $10,000 in fines
• Level 6 felony: Six months to two and a half years in prison and up to $10,000 in fines

Facing criminal charges of any kind is a serious matter, but a felony charge carries the most penalties. If you have been accused of a felony crime, you need a Marion County criminal defense lawyer on your side. Drug crimes, sex crimes, violent crimes, aggravated assault, and other charges can follow you for life, making it difficult to get a job, secure housing, and maintain relationships within your community.

What Are the Steps in a Criminal Case?

When the state has a case against you, there’s a process they will follow until your case is resolved. Understanding this aspect of criminal law can help prepare you for what’s to come.

In most cases, a criminal case will go like this:

Arrest

When law enforcement officers have enough evidence against you, they will get a warrant for an arrest. If you are arrested or detained, it’s your right to remain silent and not answer any questions until you have a lawyer present. We recommend exercising this right to avoid incriminating yourself.

Arraignment

After your arrest, you and your attorney will attend an arraignment hearing. During this hearing, you’ll learn of the specific charges against you. You can then enter a plea of guilty or not guilty.

Discovery

The discovery phase is when the prosecutor must provide specific evidence they want to use against you in your case. We will investigate the evidence and gather our own evidence in your defense.

Pretrial Motions

As your case moves forward, many things happen in the background. An attorney on our team may have a conference with the judge and the prosecutor to discuss the status of the case and the evidence against you. We may also file pretrial motions to dismiss certain pieces of evidence.

Plea Bargain

Most criminal cases are settled outside of court before they go to trial. In some instances, the best way to get a positive outcome is by taking a plea deal. Your criminal defense attorney will meet with the prosecution to discuss a plea bargain and whether it’s right for you. If you accept the plea deal, your case is resolved, and you will likely plead guilty in exchange for a reduced sentence or a reduced charge. If you do not accept, your case will continue.

Court Hearing 

If your case makes it all the way to trial, our team will present evidence in your defense to try for an acquittal. The prosecution will present evidence to prove that you committed the crime. If you are found not guilty, the case is over, and you can leave freely. If you are found guilty, you will face sentencing, which may include fines and imprisonment.

What Are the Most Common Defenses Against Criminal Charges? 

There is no one-size-fits-all defense strategy for criminal cases. When you work with our team, we will use our backgrounds and experience to investigate the case against you and develop a legal strategy that’s right for you.

There are some common defenses our team may rely on, including:

Constitutional Violations 

When you are arrested or detained, you have certain rights. The right to an attorney and the right to remain silent are protected by law. If you were denied these rights, our team can argue that the case against you cannot continue.

Illegal Search and Seizure

When the police gather evidence against you, they must follow a strict legal process. If evidence was gathered illegally, our attorneys can argue that it should be thrown out. If enough evidence is discarded, the case against you may fall apart.

Reasonable Doubt

The prosecution must provide enough evidence to convince a judge or jury that you are guilty beyond a reasonable doubt. Our team can introduce enough doubt to dissuade a jury from convicting you.

Mistaken Identity

It’s possible that the police arrested the wrong person for the crime. If you have an alibi that puts you somewhere else at the time the crime was committed, we can present this evidence to get your case dismissed.

What Kinds of Criminal Cases Can Your Team Help With?

No matter what you have been charged with, our team can help you. We have extensive trial experience and can tackle even the most complex criminal cases.

Our criminal defense lawyers can help you with the following:

• Domestic violence
• Violent crimes
• Sex offenses
• Drug crimes, including possession and drug trafficking
• Resisting arrest
• Child abuse
• Robbery
• Firearms crimes
• Fraud
• DUI

We understand that your personal freedom is on the line, and we are here to give you the representation you deserve. Contact us today for a consultation about your case.

How Do You Know You Need a Marion County Defense Lawyer?

If you’ve been arrested or questioned by the police, you need a criminal defense lawyer immediately. Our Marion County criminal defense lawyers are here to step in at a moment’s notice to defend your rights and protect you from harsh penalties. Law enforcement officers and prosecutors may claim to be on your side, but they’re only there to build a case against you. Our criminal law firm is here to represent you and your best interests.

Eskew Law is experienced in all areas of criminal law. If you are facing criminal charges, don’t hesitate to reach out today. Call us at 317-793-2325 to speak to an experienced member of our team.