印第安纳州轻罪
If you’ve been convicted of a misdemeanor in 印第安纳州, you may serve up to a year in prison and pay a fine of up to $5,000. Felonies carry much stiffer penalties, but misdemeanors aren’t criminal charges to be taken lightly. 在你说完话之后, you have a criminal record that may impact your life for many years to come.
Crimes that are misdemeanors in 印第安纳州 include some 酒后驾车, 药物 以及盗窃指控. 其他指控包括公共场合醉酒, 电池, 持有大麻, 行为不检, 刑事恶作剧和骚扰.
Potential Sentences for 印第安纳州 Misdemeanor Charges
In 印第安纳州 there are three types of misdemeanors:
- A类:监禁一年以下. 罚款高达5000美元.
- 乙级:监禁180天以下. 罚款高达1000美元.
- 丙级:监禁60天以下. 罚款高达500美元.
Most of those charged with misdemeanors won’t serve the maximum sentence, 尤其是第一次逮捕. 在辩护律师的帮助下, charges may be reduced or dropped; if you accept a plea bargain, you may spend little or no time in jail. You may go into a diversion program allowing you to complete community service or attend 药物 counseling. If you complete the program successfully the charges may be dismissed.
Some misdemeanor charges and defendants with prior criminal records may not qualify for a diversion program. The penalty after a conviction or a guilty plea may be probation instead. You will have a criminal conviction on your record and will be supervised by your local probation department. They will hold you accountable to the terms of probation which, 取决于你的情况, 可能很难遵守.
For each misdemeanor classification there is an “advisory sentence.” This is the starting point for the judge in deciding what your actual sentence will be. 它可以增加到最大值, 取决于犯罪的事实, what the judge sees as your character and your criminal history. This is called an “aggravated” sentence.
The judge may also reduce the sentence from the advisory to the minimum based on whether the judge positively views your character and the nature of the offense (including the fact that no violence or threats were used). This is known as a “mitigated” sentence.
Unofficial Punishments for an 印第安纳州 Misdemeanor Conviction
No one wants to spend time in jail; but even if you can avoid that, there are still serious consequences you may face. Misdemeanor convictions can seriously impact your life and your family. Only about 10% of all federal convictions in 2010 were for misdemeanors, reports 《bet9九州体育登录线路》杂志, but most people in state criminal courts face misdemeanor charges. 定罪会带来问题, 被称为附带后果, like a felony conviction but it’s more difficult to remove, or 删除从你的犯罪记录中.
There are thousands of potential state and federal consequences for convictions. 他们会影响你的住房选择, prevent you from being employed or joining the military, prevent you from getting loans and impact your rights to get child custody. You may be unable to get a license in order to perform a wide range of work. These consequences are often called the ”secret sentence” or the “silent punishment” for a misdemeanor conviction.
Don’t Try to Defend Yourself Against 印第安纳州 Misdemeanor Charges
Because there are less serious penalties for misdemeanor charges compared to felonies, you may be tempted to try to defend yourself. Nothing would make the prosecution happier. They would love to clear a case by dealing with someone who doesn’t know the law, doesn’t understand what defenses may be available and doesn’t know what a favorable plea bargain agreement would be.
Your case could have any number of problems for the prosecution:
- The arresting officer may have violated 印第安纳州 law or the state or federal Constitution while investigating the crime or during the process of arresting you.
- 关键证据可能会丢失.
- Witnesses may be able to show you didn’t commit the crime.
- Evidence collection may have been sloppy, making it unusable in court.
If you represent yourself and hope to be able to do something “quick and easy” to put this behind you, you’ll never know that you may have been able to have the charges dropped completely, allowing you to avoid serving a sentence and all the consequences that come with a criminal record.
If you or any member of your family has been arrested or charged with a misdemeanor in 印第安纳州 or 肯塔基州, 今天就寻求帮助. Contact us for a free consultation so we can talk about your situation and how you may be able to protect yourself with the seasoned, 有经验的 新奥尔巴尼刑事辩护律师 CLLB legal.
马克·陶菲克律师
Marc is a 肯塔基州 native, having lived and worked in the state the majority of his life. He is a licensed attorney in 肯塔基州 and 印第安纳州, 他的重点是试验工作, including civil litigation and criminal defense. He has represented a wide variety of clients, and he is committed to putting his clients’ needs first. [ 律师生物 ]
