Indiana Criminal Law

Indiana crimes and punishments and procedures are detailed in a series of statutes contained in the Indiana Code. The following paragraphs are a collection of information gathered from the Indiana Code and the Rules of Indiana Courts that provide a basic understanding of common issues in Indiana criminal law. For more information, or if arrested for a crime in Indiana, contact an Indiana criminal defense attorney.

Drug Possession in Indiana

Possession and distribution of drugs in Indiana can carry serious consequences. Indiana drug law provides varying consequences depending on the type and quantity of the drug possessed, and the criminal charges:

• Distribution offenses in Indiana
• Distribution of narcotics such as cocaine or heroin in Indiana carries mandatory minimum jail sentences. A person convicted of dealing drugs, or possession with intent to deal drugs, faces a mandatory minimum sentence ranging 6 – 20 years and a fine up to $10,000.
• Distribution of marijuana is a less serious offense. If convicted a defendant faces a mandatory minimum sentence ranging from six months – two years and a fine between $5,000 and $10,000.
• Possession offenses in Indiana
• Possession of narcotics can result in a felony conviction and mandatory minimum sentences ranging from 1.5 – 2 years and a fine up to $10,000.
• Possession of a small amount of marijuana is a misdemeanor punishable by up to 1year in jail and a fine up to $5,000. If convicted of possessing a larger quantity, the crime is a felony punishable by up to 1.5 years in jail and a fine up to $10,000.

In any possession or distribution case, varying quantities of drugs can elevate the crime and increase the sentence. For specific questions, possible defenses, or assistance if arrested, contact an Indiana criminal law attorney.

Assault in Indiana

Indiana criminal law uses the term Battery to describe the crime of offensive or injurious contact with another. There are several levels of battery with punishments increasing the more injurious the contact is:

• Battery that is either an offensive touching, or causes an injury to another is a misdemeanor punishably by up to 6 months – 1 year in jail and a fine up to $5,000.
• If the battery is committed against a specific group such as police officers, children, school employees, or disabled persons the battery is a felony punishable by six months to three years in prison and a fine up to $10,000.
• If the battery is committed with a deadly weapon, or causes serious bodily injury, or was committed against a pregnant woman it is a felony punishable by 2 – 8 years in prison and a fine up to $10,000.

There are other laws and circumstances that can result in more serious consequences. For specific information, or if arrested for battery in Indiana, contact an Indiana criminal lawyer.

Indiana Drunk Driving – DUI

A first time DUI offender in Indiana faces possible punishments including jail time from 30 – 60 days, a fine up to $5,000, licenses suspension between 90 days and two years, probation, community service, substance abuse education, and an ignition interlock device. If arrested for a DUI in Indiana, contact an Indiana DUI attorney.

Right to Jury in Indiana

The Indiana Constitution grants defendants a right to trial by jury in criminal cases. A defendant may waive this right with agreement from the prosecuting attorney and the consent of the court. If tried for a misdemeanor in Indiana, a defendant must make a demand that the right be exercised otherwise the trial will be before a judge.

Trial Date in Indiana

If a defendant in Indiana is awaiting trial while in jail, the trial date must be set within six months of the incarceration. A defendant not in jail awaiting trial will have a trial within one year of the date the charges were brought. In either case, a court may grant an extension of time in order to give the parties time to prepare evidence for the trial.

Sentence Review / Appeals in Indiana

A convicted defendant in Indiana may submit an appeal of the judgment or sentence. The appeal may be taken:

• If the defendant alleges his rights were violated by the judgment or sentence
• To review any decision of the judge during the trial such as decisions on admissibility of evidence or motions by either party.

The review process requires timely attention to procedural detail; contact an Indiana defense attorney for assistance.

Indiana Code and Rules of Court

Click here for the Indiana Code:

• Drug Possession in Indiana
• Indiana Code, Title 35: Criminal Law and Procedure, Article 48, Chapter 4 §§ 4-1, 4-6, 4-10, 4-11
• Assault in Indiana
• Indiana Code, Title 35: Criminal Law and Procedure, Article 42, Chapter 2 § 2-1
• Indiana Drunk Driving – DUI
• Indiana Code, Title 9: XX, Article 30, Chapter 5 §§ 5-1, 5-7, 5-10
• Right to Jury in Indiana
• Indiana Code, Title 35: Criminal Law and Procedure, Article 37, Chapter 1 § 1-2
• Sentence Review / Appeals in Indiana
• Indiana Code, Title 35: Criminal Law and Procedure, Article 38, Chapter 4 § 4-1

Click here for the Indiana Rules of Court:

• Right to Jury in Indiana
• Indiana Rules of Court, Criminal Procedure, Rule 22
• Trial date in Indiana
• Indiana Rules of Court, Criminal Procedure, Rule 4