Indiana's Criminal Laws Tag Archives

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.

Self-Defense with a Firearm in Indiana: When Does Pointing It Cross the Line?

Published on: March 20, 2025 | by Aaron Harshman

In Indiana, pointing a firearm at someone can land you in handcuffs—or it can be your legal right. The difference lies in self-defense, a principle baked into Indiana law but fiercely debated in courtrooms. At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” helping Hoosiers navigate the fine line between protection and prosecution in 2025. Under Indiana Code § 35-41-3-2, self-defense can justify using a gun, but pointing it triggers scrutiny—especially through the lens of “reasonable force.” Let’s explore how the Indiana Court of Appeals interprets this, and what it means if you’re facing charges.

The Self-Defense Statute: What’s Allowed?

Indiana Code § 35-41-3-2(c) says you can use “reasonable force” to protect yourself or others from imminent unlawful force, with no duty to retreat if you’re in a place you have a right to be. For deadly force—like pointing a loaded firearm—the threat must involve serious bodily injury or a felony (per subsection (d)). Pointing a gun isn’t automatically deadly force, but under Indiana Code § 35-42-2-2(b)(2), criminal recklessness with a firearm is a Level 6 felony if it creates a substantial risk of harm. So, when does self-defense shield you from that charge? The courts decide based on “reasonableness.”

Vehicle Stops and K9 Free Air Sniffs: What Indiana Law Says in 2025

Published on: March 18, 2025 | by Aaron Harshman

A routine traffic stop in Indiana can turn into a drug bust in minutes if police deploy a K9 for a free air sniff. But when is that legal—and when does it cross the line? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” helping Hoosiers challenge these encounters with a deep understanding of Indiana’s laws and court rulings. In 2025, the rules around vehicle stops and K9 sniffs hinge on Fourth Amendment protections and state-specific precedents from the Indiana Court of Appeals. Let’s break down a key issue—how long can police extend a stop for a sniff?—and see how the courts interpret it.

The Legal Framework: Stops and Sniffs in Indiana

Under Indiana law, police need reasonable suspicion to stop your vehicle (e.g., speeding or a broken taillight), rooted in the Fourth Amendment’s ban on unreasonable searches and seizures. A free air sniff by a K9—where the dog circles your car to detect drugs—isn’t a “search” under the U.S. Supreme Court’s ruling in United States v. Place (462 U.S. 696, 1983), meaning no probable cause is required upfront. But here’s the catch: the stop itself must stay lawful. If police prolong it beyond its original purpose just to wait for a K9, things get dicey.

Navigating Indiana’s Drug Possession Law: A Closer Look at “Possession” in 2025

Published on: March 13, 2025 | by Aaron Harshman

When you’re charged with drug possession in Indiana, the stakes are high—and the law can be a minefield. At Harshman Ponist Smith & Rayl, we’re committed to being your “Trusted Counsel Close to Home,” helping Hoosiers untangle complex criminal statutes like Indiana Code § 35-48-4-6. This law governs possession of controlled substances, from marijuana to methamphetamine, and its interpretation by the Indiana Court of Appeals often hinges on one deceptively simple word: “possession.” In 2025, understanding how courts define this term could be your key to a stronger defense. Let’s dive into the statute and see how appellate rulings shape its meaning.

The Drug Possession Statute: Breaking It Down

Under Indiana Code § 35-48-4-6(a), it’s unlawful to “knowingly or intentionally possess” a controlled substance like cocaine or a narcotic drug without a valid prescription. The penalty starts as a Class A misdemeanor (up to 1 year in jail and a $5,000 fine) but can escalate to a Level 6 felony if you have priors or aggravating factors—like possessing near a school. The statute doesn’t explicitly define “possess,” leaving room for courts to interpret what it means to “have” drugs. Is it enough that they’re near you? Do you need them in your pocket? The Indiana Court of Appeals has tackled these questions head-on.

Decoding Indiana’s Theft Statute: What the Courts Say in 2025

Published on: March 11, 2025 | by Aaron Harshman

When you’re accused of theft in Indiana, the law isn’t just about what you did—it’s about how the courts interpret what you did under the Indiana Code. At Harshman Ponist Smith & Rayl, we’re proud to offer “Trusted Counsel Close to Home,” guiding Hoosiers through the complexities of criminal law with a keen eye on statutory details. One statute that often sparks debate is Indiana Code § 35-43-4-2, the backbone of theft charges in our state. In 2025, understanding how the Indiana Court of Appeals interprets this law can mean the difference between a conviction and a dismissal. Let’s unpack a key point of statutory interpretation—what does “unauthorized control” really mean?—and see how it plays out in real cases.

The Theft Statute: A Quick Primer

Under Indiana Code § 35-43-4-2(a), theft occurs when someone “knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use.” It’s a Class A misdemeanor at its base, but it can jump to a Level 6 or Level 5 felony depending on factors like property value or prior convictions. The phrase “unauthorized control” is the linchpin—vague enough to invite interpretation, yet specific enough to convict. So, how do Indiana courts decide what crosses the line?

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.