criminal defense

Criminal law encompasses a set of legal regulations that identify certain conduct as criminal acts and stipulate appropriate penalties for individuals who engage in such behavior. Its primary objective is to safeguard citizens and promote public safety by deterring individuals from engaging in unlawful activities and imposing sanctions on those who do.  However, criminal law is a complex area of law, making it understandable if individuals have questions. That is why in the below guide we will go into more detail about what to know about criminal law in Kokomo, Indiana.

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Criminal Law Versus Civil Law

It is important to recognize that there is a clear distinction between criminal law and civil law. Civil law refers to conflicts between individuals or entities and seeks to provide restitution for damages incurred by one party. In addition, while civil law is primarily concerned with redressing the grievances of victims, criminal law concentrates on holding offenders accountable and shielding society as a whole from harm.

Misdemeanors and Felonies

Depending on the gravity of the transgression, criminal offenses can vary widely, ranging from minor misdemeanors to more serious felonies. 

Misdemeanors

The legal consequences for misdemeanors vary based on their classification. Misdemeanors are divided into three classes: A, B, and C, with C being the least serious. For example, a C misdemeanor can lead to a fine ranging from $0 to $500 and a jail sentence of 0 to 60 days. Additionally, a misdemeanor conviction can result in up to one year in jail and fines of up to $5,000, depending on the severity of the offense.

Felonies

Felonies are the most severe type of crime and can lead to imprisonment for over a year. These felonies are divided into six levels, ranging from Level 1 (the most serious) to Level 6 (the least serious). Depending on the level of the felony, fines of up to $10,000 and prison sentences of up to 40 years can be imposed. Additionally, murder is treated as a distinct category of felony. A murder conviction can result in prison sentences ranging from 45 years to life imprisonment without the possibility of parole and, in some cases, the death penalty.

Common Defenses In a Criminal Case

One of the more common defense strategies in a criminal case involves challenging the sufficiency of the state’s evidence. This typically involves questioning the credibility of witnesses or disputing the state’s interpretation of the evidence. In addition, the availability of other defenses depends on the specific circumstances of each case. For instance, in Indiana criminal cases, common defenses include:

  • Self-defense
  • Alibi
  • Not guilty by reason of insanity
  • Mistaken identity

However, if you are facing a criminal charge, consider reviewing your case with an experienced Indiana criminal defense attorney to better understand your legal options and possible defenses. 

What Rights Do Defendants Have?

Indiana provides several important rights to criminal defendants, including: 

  • The right to legal representation, which means the defendant has the right to have a lawyer present during any questioning or legal proceedings. 
  • The right to be presumed innocent until proven guilty, placing the burden of proof on the prosecution. 
  • The right to remain silent, ensuring that the defendant cannot be compelled to testify against themselves. 
  • The right to a public, fair, impartial, and speedy trial, meaning that all proceedings should be open to the public and conducted without bias and that the trial should not be unreasonably delayed. 
  • The right to be free from unreasonable searches and seizures, protecting individuals from arbitrary invasions of privacy by law enforcement.

For More Information About Your Legal Rights, Contact Kaushal Law Today

Navigating the intricacies of a felony charge in Indiana can be overwhelming and intimidating. However, individuals do not have to tackle this daunting process on their own. If you are facing criminal charges, contact the legal team at Kaushal Law to learn more about your legal rights and how our experienced criminal defense attorney can help you.