Darmstadt, a charming community nestled in the heart of southern Indiana, captures the essence of small-town living with a touch of rural tranquility. As a suburb of Evansville, Darmstadt benefits from its proximity to urban amenities while maintaining a distinct, close-knit atmosphere.
The town’s roots trace back to German settlement in the mid-19th century, evident in its name and reflected in the local culture and architecture.
Darmstadt’s landscape is marked by picturesque farmlands, rolling hills, and the meandering Pigeon Creek. Residents appreciate the serene surroundings, fostering a sense of community pride and a slower pace of life.
The town’s historic sites, such as the Darmstadt Grist Mill, offer glimpses into its agricultural past, while the modern-day Darmstadt Inn serves as a popular local gathering spot.
Despite its relatively small size, Darmstadt boasts a rich community spirit with events like the Darmstadt Sommerfest and the Darmstadt Farmer’s Market, showcasing local talent, crafts, and agricultural produce.
Families enjoy the town’s well-regarded schools and recreational opportunities, including parks and nature trails.
In Darmstadt, the blend of history, rural beauty, and community engagement creates a welcoming haven, making it an ideal place for those seeking a tranquil yet connected lifestyle in southern Indiana.
Our firm is well prepared and ready to assess the specifics of your case, determining if there are grounds for dismissal or reduction of charges. Skillful negotiation is one of our strengths, and we are committed to achieving a favorable resolution for you.
From your initial court appearance and hearings to the potential for a trial, we’ll stand by your side throughout the entire process.
If you are facing criminal charges, contact our Darmstadt criminal defense lawyer today to schedule your free case evaluation. This step is essential so we can promptly begin advocating for your rights, your liberty, and future. Reach out to us today at 812-425-9170.
A conviction for a felony offense in Indiana could mean expensive fines and a lengthy prison sentence. Plus, having a felony conviction on your criminal record could make it difficult to find a place to live, get a job, advance your career, or take advantage of many other opportunities life has to offer, such as serving on a jury and applying for college.
If you are charged with a crime, it’s always wise to understand the level of offense and the possible consequences. Some criminal convictions carry severe penalties, including huge fines and prison/jail time.
By understanding the possible penalties, you will be better informed when deciding on whether to go to trial or enter a plea agreement.
You should consider working with an experienced Darmstadt criminal defense lawyer from as early on in the case as possible. The sooner you seek the help of a lawyer, the sooner they can start strategizing to minimize or eliminate jail time, and the better your chances of getting the charges dismissed or acquitted.
Verdelski Miller has years of experience representing clients in a wide variety of criminal cases, and we can start evaluating your case today. Call our Darmstadt Criminal Defense Lawyers at 812-425-9170 to schedule a free and confidential consultation with a criminal defense lawyer in Darmstadt, IN.
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Classification of Felonies in Indiana
Indiana law defines a felony as any crime carrying a penalty of more than a year in prison. The law designated felonies into six main levels, with each level representing a varying degree of severity – level 1 is the most serious while Level 6 is the least severe.
In this section, we’ll explore the different levels of felony sentencing classifications for Indiana, and provide examples of crimes under each level.
Level 1
Level 1 felonies are considered the most severe among the felony classifications in Indiana. Examples of Level 1 felonies include treason, second-degree murder, and certain forms of sexual assault, such as aggravated rape (rape by use of a weapon or deadly force.
The penalties for Level 1 felony include a prison term of between 20 and 40 years, with an advisory sentence of 30 years for aggravating factors. A conviction also carries the possibility of up to $10,000 in fines.
Level 2
Level 2 felonies cover crimes such as burglary resulting in serious bodily injury, kidnapping for ransom, as well as manufacturing or dealing narcotics (such as dealing methamphetamine of 10 grams or more).
The penalties for Level 2 felony conviction include imprisonment of between 10 and 30 years, with an advisory sentence of 17.5 years for aggravating factors. A conviction also carries the possibility of up to $10,000 in fines.
Level 3
Level 3 felonies include arson that results in serious bodily injury, voluntary manslaughter, and certain drug offenses. Child molestation, rape, kidnapping, and aggravated battery where a person intentionally inflicts serious injury are also examples of level 3 felonies.
The penalties for these include a prison term between 3 to 16 years, with an advisory sentence of 9 years for aggravating factors. A conviction also carries the possibility of up to $10,000 in fines.
Level 4
Level 4 felonies include crimes such as arson with bodily harm, as well as sexual assault, manslaughter, and extortion. Other examples include crimes like aggravated assault and some forms of fraud.
The penalties for Level 4 felony include imprisonment for between 2 and 12 years, along with an advisory sentence of 6 years for aggravating factors. A conviction also carries the possibility of up to $10,000 in fines.
Level 5
The penalties for Level 5 felony include a prison term of between 1 and 6 years, as well as an advisory sentence of 3 years for aggravating factors.
Examples of Level 5 felonies include crimes of child solicitation, involuntary manslaughter, robbery with no bodily injuries, battery that results in moderate bodily injury, reckless homicide, burglary (residential entry), sexual misconduct with a minor, and certain drug-related crimes. A conviction also carries potential fines of up to $10,000.
Level 6
These are the least severe among the felony classifications in Indiana. Level 6 felonies are often considered a “wobbler”, and can either remain a felony or even be reduced to a misdemeanor based on the circumstances of the case.
Examples of level 6 felony crimes include possession of a controlled substance (small quantities), operating a motor vehicle while intoxicated, forgery, fraud, theft, sexual battery, auto theft, and counterfeiting.
Penalties include imprisonment of between 6 months and 2.5 years, with the possibility of an advisory sentence of up to 1 year for aggravating factors. A conviction also carries potential fines of up to $10,000.
Murder
First-degree murder is the most serious unclassified felony under Indiana criminal laws, and it carries its own set of penalties. The possible sentence for first-degree murder is between 45 and 65 years in the Indiana Department of Corrections, with an advisory sentence of 55 years.
It also carries potential fines of up to $10,000, with the possibility of life imprisonment without parole or the death penalty.
It’s worth noting that the listed penalties are not set in stone, and usually vary based on the circumstances of the case, including previous criminal history and other relevant factors. The courts have some discretion when it comes to choosing the appropriate sentences within the statutory limits.
In addition, some offenses can attract harsher penalties if there are aggravating factors.
Aside from imprisonment and fines, individuals who are convicted of felonies may also face probation, mandatory treatment or counseling programs, and community service, along with other conditions imposed by the court.
Aggravating & Mitigating Factors
Aggravating factors are anything that might cause the sentencing to be longer than the guidelines in place while mitigating factors are anything that would result in a shorter sentence.
Examples of mitigating factors include situations where
The defendant is cooperative, young, and open to treatment, etc.
The attitude and character of the alleged offender indicate they’re unlikely to re-offend.
The crime didn’t cause significant harm.
The victim aided or induced the occurrence of the offense.
The offense was a result of strong provocation.
Aggravating factors include any situations where the accused has a criminal record, used excessive force or weapons, violated a prior court order to commit the alleged crime, or targeted a vulnerable victim, such as a child or an elderly person. Other aggravating factors include:
The victim was younger than 12 or older than 65.
The offender has a criminal or delinquency record.
The degree of harm was a lot more significant than normally required to prove the offense.
The offense was overly violent and committed in the presence of a minor who wasn’t a victim.
The victim was under the custody or care of the defendant.
Alternate Sentencing for Felony Charges
Certain Level 6 or Level 5 felony convictions may be eligible for alternative sentencing. This means that the court may decide to enter a conviction for a felony charge as a misdemeanor instead of a felony.
However, a felony conviction is not eligible for misdemeanor sentencing in case the accused had been granted an alternate misdemeanor sentencing for a prior and unrelated felony, and this prior felony occurred less than 3 years before the subsequent felony.
Depending on a number of factors, a felony conviction could receive enhanced sentences. Such factors include:
Convictions for gang activities or certain firearm offenses
Aggravating factors such as violation of court orders or being a habitual offender.
Depending on the level of the felony, an enhanced sentence could add two to 20 more years of jail time. The judge may also grant a more lenient sentence, and the felony conviction may not even include a prison sentence.
The judge may limit the penalties to probation and other court orders or suspend a prison sentence.
With the help of an experienced criminal defense lawyer, you may consider exploring a pretrial diversion. In some cases, it’s possible to work out a deal with the prosecution that lets the court take corrective action against you without necessarily pursuing a criminal conviction.
Expungement for Felony Charges in Indiana
The silver lining with Indiana law is that certain felony convictions can be expunged from your records. Under certain conditions, a convicted person can petition the court to expunge their conviction record 8 years after they were convicted.
Some of the more serious felony convictions will require the prosecutor’s approval and a 10-year waiting period before the person is allowed to petition the court to have their convictions expunged.
Talk to a Darmstadt Criminal Defense Lawyer Today
While this post covers most of what you need to know about felony levels in Indiana, it’s not a substitute for consulting with an experienced attorney. A felony conviction is a serious issue that could have grave consequences for your future.
If you’re facing felony charges in Darmstadt, you should speak to a criminal defense lawyer as soon as possible to discuss the details of your case.
A good lawyer will be able to tell whether there are any issues with the prosecution’s evidence and other potential defenses, work out potential plea bargain options, and provide proper legal guidance.
Verdelski Miller understands Indiana criminal laws and can offer quality advice regarding felony charges in the state and the potential defenses you may explore. We have represented countless clients like you, and you can trust us to deliver a favorable outcome.
Call our Darmstadt Criminal Defense Lawyers today at 812-425-9170 to schedule a free consultation.
