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.

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.

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.

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.

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:

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:

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:

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:

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.

Defense Strategies for Domestic Violence Charges 

  1. 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.
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