Criminal

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Published on: April 23, 2025 | by Aaron Harshman

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Driving under the influence (DUI)— has a slightly different name in Indiana Code: Operating a Vehicle While Intoxicated (or “OWI”) in Indiana—is a serious offense that can turn a routine drive into a life-altering legal battle. If you’ve been arrested or charged with an OWI, or are simply curious about the consequences, one of the first questions you might ask is: Is it a felony or a misdemeanor? The answer depends on several factors, including your prior record, the circumstances of the incident, and Indiana law. At Harshman Ponist Smith & Rayl, LLC we’re here to break it down for you in plain English—and help you understand what you can do about it.

DUI/OWI Basics: What Indiana Law Says

Understanding Criminal Diversions in Indiana: A Guide for those Accused and Charged with Crimes

Published on: April 18, 2025 | by Susan D. Rayl

Introduction

In Indiana, a criminal diversion agreement offers many first-time offenders a second chance. For people facing criminal charges, the concept of diversion may seem confusing, even too good to be true. However, for the right case, it can be a powerful alternative to prosecution—allowing a person to avoid a conviction, jail time, and a criminal record.

This article breaks down what criminal diversions are, who qualifies, how the process works, and why they matter under Indiana law.

What to Do If You’re Facing a Probation Violation: How Attorneys Can Help

Published on: April 16, 2025 | by Aaron Harshman

A probation violation feels like a sudden detour on your path to freedom. After working hard to comply with court orders, an alleged violation—whether it’s a missed meeting, a failed drug test, or a new offense—can threaten your future. If you’re in Indiana and searching for attorneys for a probation violation, you’re not alone. At Harshman Ponist Smith & Rayl, LLC, we understand the stakes and are here to help you navigate this challenging situation.

What Is Probation Violation?

Probation is a court-ordered alternative to jail time, allowing you to serve your sentence under supervision while following strict rules. These conditions might include:

No Contact Order vs. Protective Order vs. Stay Away Order in Indiana: What’s the Difference?

Published on: March 27, 2025 | by Aaron Harshman

When it comes to legal protection in Indiana, terms like “no contact order,” “protective order,” and “stay away order” often pop up. They might sound similar, but they’re not the same. At Harshman Ponist Smith & Rayl, we’re here to break it down for you in simple terms. Whether you’re dealing with harassment, domestic issues, or just need clarity, this guide explains the differences, how they work, and what they mean for you. Let’s dive into this Indiana law breakdown—perfect for boosting your understanding and our SEO game!

What Is a No Contact Order in Indiana?

A no contact order is a rule set by a judge in a criminal case. It’s usually put in place to keep an alleged victim or witness safe from the person accused of a crime, like domestic violence or stalking. Think of it as a “hands-off” warning tied to someone’s bail or probation.

Spoliation of Evidence in Indiana: When Police Destroy Your Phone

Published on: March 25, 2025 | by Aaron Harshman

In a criminal investigation, your phone might hold the key to your defense—texts, photos, or call logs that could prove your innocence. But what happens if police destroy it? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” fighting for Hoosiers when evidence goes missing—or gets trashed. In Indiana, spoliation of evidence by law enforcement, like smashing a phone, raises serious due process questions under the U.S. and Indiana Constitutions. In 2025, this issue is critical as digital evidence dominates cases. Let’s explore how the Indiana Court of Appeals handles it—and what it means if your phone’s gone.

Spoliation in Criminal Law: The Basics

Spoliation means the loss, destruction, or alteration of evidence that could affect a case. In criminal matters, it’s governed by constitutional protections, not a specific Indiana statute. The U.S. Supreme Court set the standard in Arizona v. Youngblood (488 U.S. 51, 1988): if police destroy “potentially useful” evidence in bad faith, it violates due process. Indiana follows this, but the bar’s high—negligence isn’t enough; intent matters. Destroying a phone—say, during a search or testing—can trigger this analysis, especially if it held exculpatory data.

Charged with a Crime in Indiana? Why Local Expertise Matters in 2025

Published on: March 6, 2025 | by Aaron Harshman

When you’re facing criminal charges in Indiana, the world can feel like it’s closing in. The uncertainty, the legal jargon, the looming consequences—it’s overwhelming. But here’s the good news: you don’t have to face it alone. At Harshman Ponist Smith & Rayl, we live by our promise of “Trusted Counsel Close to Home.” As your local Indiana criminal defense team, we’re here to guide you through the chaos with experience, compassion, and a deep understanding of our state’s unique legal landscape. Let’s explore why that matters—and how it can change the outcome of your case in 2025.

Indiana Criminal Law: It’s Different Here

Criminal law isn’t one-size-fits-all, and Indiana has its own playbook. From the way crimes are classified to the quirks of our court system, the Hoosier State stands apart. Take sentencing, for instance: Indiana uses a “level” system for felonies—Level 6 (the lowest) up to Level 1 (the highest)—and a class system for misdemeanors (A, B, and C). A Level 5 felony drug charge might mean 1–6 years in prison, while a Class A misdemeanor like battery could carry up to a year in jail. These distinctions aren’t just trivia—they shape your defense strategy.

Facing Criminal Charges in Indiana? Here’s What You Need to Know in 2025

Published on: March 4, 2025 | by Aaron Harshman

If you’re reading this, chances are you or someone you care about is navigating the intimidating world of criminal law in Indiana. Whether it’s a misdemeanor like a DUI or a more serious felony charge, the stakes are high—and the legal process can feel like a maze with no clear exit. At Harshman Ponist Smith & Rayl, we’ve seen it all, and we’re here to shed light on what you’re up against in 2025. Let’s break down the essentials of criminal law in Indiana, what’s changed recently, and how the right defense strategy can make all the difference.

Understanding Criminal Law in Indiana: The Basics

Criminal law governs actions that society deems harmful or dangerous, from theft and assault to drug offenses and beyond. In Indiana, these laws are enforced under the Indiana Code, and penalties can range from fines and probation to years in prison. What sets Indiana apart? Our state has its own unique statutes, sentencing guidelines, and court procedures that can catch even seasoned defendants off guard.

Indiana Burglary Law: Understanding IC 35-43-2-1 and Its Legal Implications

Published on: February 28, 2025 | by Aaron Harshman

Burglary is a serious offense under Indiana law, carrying severe consequences that can result in lengthy prison sentences and long-term criminal records. Indiana Code IC 35-43-2-1 defines burglary and outlines the elements required for conviction, possible defenses, and how the Indiana Court of Appeals has interpreted the statute in various cases.

The Statutory Definition of Burglary in Indiana

Under IC 35-43-2-1, burglary is defined as knowingly or intentionally breaking and entering into a building or structure with the intent to commit a felony or theft inside. The severity of the charge depends on various aggravating factors, such as the type of structure entered and whether the defendant was armed or caused bodily injury.

Common Misdemeanor Offenses Affecting Young Adults in Indiana: What You Need to Know

Published on: February 26, 2025 | by Aaron Harshman

Certain misdemeanor offenses are more common than people realize and can carry serious legal consequences. Many individuals don’t recognize that some actions can result in criminal charges that impact their future. Here’s a look at some of the most frequently charged offenses in Indiana and what to do if you find yourself in legal trouble.

1. Underage Drinking & Minor in Possession (MIP)

Indiana has strict laws regarding alcohol consumption by individuals under 21. If you’re caught possessing or consuming alcohol underage, you can be charged with a Class C Misdemeanor, punishable by up to 60 days in jail and fines up to $500. Additional penalties may include driver’s license suspension and mandatory alcohol education programs.

Clearing Up a Background Check in Indiana: What You Need to Know

Published on: February 24, 2025 | by Aaron Harshman

A background check can significantly impact job opportunities, housing applications, and even professional licensing. If you have a criminal record in Indiana that is causing obstacles in your life, there may be ways to clear up your background check. Here’s what you need to know about addressing errors, expungements, and sealing records.

Common Issues on a Background Check

When an employer or landlord runs a background check, they may find: