Ross Thomas Sentences for felonies criminal defense attorney in Indiana criminal defense for cocaine and federal cases

The Law Office of Ross G. Thomas

An Experienced Criminal Defense Law Firm For All State and Federal Cases
criminal lawyer in Indiana
3728 North Delaware Street
Indianapolis, Indiana 46205
Telephone: (317) 920-2840
Fax: (317) 920-2875

Criminal defense lawyer representing persons charged with serious crimes in State and Federal courts throughout Indiana; major felonies, drug crimes- conspiracy and dealing in cocaine, heroin,ecstasy, methamphetamine and meth labs, marijuana cultivation and possession, murder, robbery, weapons, battery, OWI,  sex crimes, rape.  An experienced criminal defense attorney that will fight for your rights. An Indiana lawyer on your side.
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A criminal lawyer, representing persons charged with serious crimes. Our criminal defense law firm is experienced and aggressive. We will fight for your rights. Our law firm handles drug cases- trafficking, conspiracy, dealing and possession, cocaine, heroin, LSD, ecstasy and other club drugs, methamphetamine and meth labs and marijuana cultivation; violent crime, murder, robbery, battery, intimidation, weapons charges; sex crimes, rape, sexual battery, sexual
misconduct with a minor, child
molesting; juvenile cases, drunk driving OWI/DUI, appeals and post-conviction cases. You need a lawyer that will fight for you.
CLASSES OF OFFENSES IN INDIANA

If you or a loved one has been arrested or charged with a crime in a state court in Indiana, the charge or charges will fall within a certain category of offense.  This page gives a basic overview of the different offense levels under Indiana law. CLICK HERE for an overview of Indiana criminal procedure and some of the things one can expect to face in a criminal case.  Keep in mind that this information is provided as general information only and should not be considered legal advice and may or may not have application to any particular case.

 

FELONY/MISDEMEANOR/INFRACTION

Generally, offenses can be divided into three categories: Felonies, Misdemeanors and Infractions.  The most serious crimes are classified as felonies.  A felony is defined as a crime punishable by more than one year of incarceration in a prison or jail.  A misdemeanor is a less serious crime and one that is punishable by no more than one year of incarceration.  An infraction is a violation of an ordinance or statute that does not subject the person to a criminal conviction or jail time.  A speeding ticket would be an example of an infraction.

FELONIES
Under Indiana law, felonies are divided into five (5) categories, based on the perceived seriousness of the crime. These categories are:
MISDEMEANORS

         Under Indiana law misdemeanors are divided into 3 categories:

  Class "A" Misdemeanor:  A Class "A" misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one (1) year and a fine of up to $5,000.00.  Class "A" misdemeanors include Dealing or Possession of Marijuana in an amount less than 30 grams; Operating While Intoxicated (OWI) in a manner which endangers a person; Conversion and Visiting a Common Nuisance.

      Class "B" Misdemeanor: A Class "B" misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one hundred eighty (180) days and a fine up to $1000.00.

       Class "C" Misdemeanor: A Class "C" misdemeanor is the lowest level of crime in Indiana, carrying a penalty of upon conviction of not more than sixty (60) days in jail and a fine of up to $500.00

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If you or a loved one has been arrested it is important to get an experienced criminal defense lawyer working on your case and fighting for you as quickly as possible. Contact the experienced criminal defense law firm of Ross G. Thomas today.  All initial consultations are free of charge.  The Law Office of Ross G. Thomas provides experienced legal representation to persons charged with serious crimes in state and federal courts throughout Indiana. If you are accused of a crime, you need a lawyer that will stand up for your rights.

Contact the Law Office of Ross G. Thomas 

LINKS to Internet Legal Resources 

CHARGED with a Crime in Indiana?  What you can expect. 

What am I FACING? - Offense Levels for Felonies and Misdemeanors

What do I do if I am
ARRESTED?
3728 North Delaware Street
Indianapolis, Indiana 46205
Telephone: (317) 920-2840
Fax: (317) 920-2875

E-Mail:
LegalQuestions@DefenseLawyerIndiana.com
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          Murder: This is the most serious charge one can face under Indiana law.  The sentence for a murder conviction is a fixed term between forty-five (45) and sixty-five (65) years in prison and a fine of up to $10,000.00.  In certain cases a murder conviction can result in a sentence of life in prison without the possibility of parole.  Murder is also a capital offense, meaning that in certain cases a murder conviction can result in the death penalty being imposed.

 

         Class "A" Felony: A Class "A" felony carries a penalty upon conviction of a fixed term between twenty (20) and fifty (50) years in prison and a fine of up to $10,000.00. Examples of a Class A felony include Dealing in Cocaine, a Narcotic Drug or Methamphetamine in an amount over three (3) grams, Armed Robbery resulting in injury, Kidnapping, Rape and Child Molesting.

 

    Class "B" Felony: A Class "B" felony carries a penalty upon conviction of a fixed term between six (6) and twenty (20) years in prison and a fine of up to $10,000.00.  Examples of a Class B felony include Dealing in Cocaine, a Narcotic Drug or Methamphetamine in an amount less than three (3) grams; Burglary; Aggravated Battery; Arson and Sexual Misconduct with a Minor.

 

         Class "C" Felony: A Class "C" felony carries a penalty upon conviction of a fixed term between two (2) and eight (8) years in prison and a fine of up to $10,000.00.  Examples of a Class "C" felony include Possession of Cocaine, a Narcotic Drug or Methamphetamine in an amount greater than three (3) grams; Intimidation with a deadly weapon and Dealing or Possession of Marijuana in an amount greater than 10 pounds.

 

     Class "D" Felony:  A Class "D" felony is the lowest level of felony crime in Indiana.  A Class D felony conviction carries a penalty of six (6) months to three (3) years in prison and up to a $10,000.00 fine.  In addition, in certain circumstances, a D felony conviction can be reduced to a Class A misdemeanor through a procedure known as AMS (Alternative Misdemeanor Sentencing). Class "D" felony offenses include Dealing or Possession of Marijuana greater than thirty (30) grams or in any amount with a prior marijuana conviction; Operating a Vehicle While Intoxicated (OWI) as a second offense within five (5) years; Maintaining a Common Nuisance; Theft; Criminal Confinement and Residential Entry.

 

     Habitual Offender: In some circumstances, if a person has been charged with a felony and that person has accumulated (2) prior unrelated felony convictions, the State may seek to have the person sentenced upon conviction of the new felony charge as a "Habitual Offender".  To count as prior unrelated felonies, the second prior felony conviction must have occurred after being sentenced for the first prior felony conviction and the charge for which the state seeks a habitual offender enhancement must have been committed after sentencing for the second prior unrelated felony. There is no time limit on how long ago the prior convictions were obtained. Indiana law states that a person found to be a habitual offender shall be sentenced by the court to an additional fixed term of not less than the advisory sentence for the underlying offense and not more than three (3) times the advisory sentence for the underlying offense, although the additional sentence can not exceed thirty (30) years.  A person convicted of a Class A felony and found to be a habitual offender faces an additional sentence of thirty (30) years; for a Class B felony conviction the additional sentence would be no less than ten (10) years and no more than thirty (30) years;  for a Class C felony conviction the additional sentence would be no less than four (4) years and no more than twelve (12) years; for a Class D felony conviction the additional sentence would be no less than one and one half (1 1/2) years and no more than four and one half (4 1/2) years.

 

   Habitual Substance Offender: In some circumstances, when a person has been charged with a "substance offense" and that person has accumulated two (2) prior unrelated "substance offense" convictions, the State may seek to have the person sentenced upon conviction as a "Habitual Substance Offender".  A Substance Offense is defined under Indiana law as a Class A misdemeanor or felony in which the possession, use, abuse, delivery, transportation or manufacture of alcohol or drugs is a material element of the crime.  Note that substance offenses include certain alcohol related charges such as Operating a Vehicle While Intoxicated. Unlike a Habitual Offender enhancement, Habitual Substance Offender convictions are not required to have been felonies, only substance offenses as defined in Indiana Code Sec. 35-50-2-10.  A person found to be a Habitual Substance Offender shall be sentenced upon conviction to an additional fixed term of no less than three (3) years but no more than eight (8) years to be added to the sentence imposed for the underlying conviction.

 

 

 

 

Note: In 2013, the Indiana Legislature passed new laws which will dramatically change Indiana's Criminal Code. However, these changes are not scheduled to be enacted until July 1, 2014. All cases arising until that time will be prosecuted under the current law.