Criminal

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:

Check Fraud in Indiana: A Simple Mistake Can Lead to Criminal Charges

Published on: February 20, 2025 | by Aaron Harshman

Writing or using fraudulent checks may seem minor, but in Indiana, check fraud is a criminal offense that can carry serious consequences. However, because it is often considered a non-violent financial crime, first-time offenders may be eligible for a diversion program. Here’s what you need to know about check fraud laws in Indiana and how to protect yourself if you are facing charges.

What is Check Fraud?

Check fraud occurs when someone intentionally writes, issues, or uses a check knowing that there are insufficient funds to cover it or with the intent to deceive. Common types of check fraud include:

Higher Penalties: Facing Drug Charges in Indiana

Published on: February 17, 2025 | by Aaron Harshman

Drug-related charges in Indiana carry serious consequences that can impact your future, including jail time, fines, and a criminal record. Whether you’re facing a misdemeanor possession charge or a more serious felony distribution charge, understanding your legal rights and options is essential.

Common Drug Charges in Indiana

Indiana law categorizes drug offenses based on the type and quantity of the controlled substance involved. Some of the most common drug-related charges include:

Charged with a DUI in Indiana? Here’s What You Need to Know

Published on: February 14, 2025 | by Aaron Harshman

A DUI (Operating While Intoxicated, or OWI, in Indiana) charge can have serious consequences, including fines, license suspension, and even jail time. If you’ve been arrested for a DUI in Indiana, understanding the legal process and your options is crucial. Here’s what you need to know about defending against a DUI charge.

What Constitutes a DUI in Indiana?

In Indiana, you can be charged with DUI if:

Indiana’s Criminal Record Expungement Process: What You Need to Know

Published on: February 12, 2025 | by Aaron Harshman

Having a criminal record can make life difficult, affecting job opportunities, housing applications, and even personal relationships. Fortunately, Indiana law provides a path for individuals to clear their records through the expungement process. If you have a past conviction or arrest holding you back, here’s what you need to know about getting a fresh start.

What is Expungement?

Expungement is a legal process that allows eligible individuals to have their criminal records sealed or removed from public view. While law enforcement and courts may still have access to expunged records in certain cases, expungement can provide significant relief when applying for jobs, housing, and professional licenses.

Domestic Violence Charges: Legal Consequences and Defense Strategies II

Published on: February 10, 2025 | by Aaron Harshman

Defense Strategies for Domestic Violence Charges

Challenging the Evidence
- One of the primary defense strategies is to challenge the prosecution’s evidence. This can involve questioning the credibility of witnesses, disputing the authenticity of physical evidence, or highlighting inconsistencies in the accuser’s statements.

Domestic Violence Charges: Legal Consequences and Defense Strategies I

Published on: October 23, 2024 | by Aaron Harshman

Domestic violence charges are serious offenses that carry significant legal consequences. Understanding the implications of such charges and knowing the available defense strategies can be crucial for anyone facing these allegations. This article will provide an overview of the legal consequences of domestic violence charges and discuss potential defense strategies.

Understanding Domestic Violence Charges

Domestic violence involves abusive behavior in a domestic setting, typically involving intimate partners, family members, or cohabitants. The abuse can be physical, emotional, sexual, or psychological. Indiana law defines domestic violence broadly, covering various acts intended to control or harm a household member.