Indianapolis Criminal Defense Law Blog

Allegations of sexual assault in Indiana can be very serious. Even being charged with a sex crime can carry a stigma that may lead the public to presume guilt, even before a trial is completed. This could be very damaging to a person's personal and professional reputation. It is important to understand some defense arguments that could be presented against allegations of sexual assault.

One possible defense is innocence. If the accused was not at the scene of the alleged crime or if the crime was committed by a different individual, this may be a defense. To successfully argue innocence, there must be credible evidence supporting the fact that the accused was not with the alleged victim when the assault occurred. That is, the accused must have an "alibi."

Many people in Indiana may have heard of "Ponzi schemes" and other types of embezzlement, but they may not have a clear idea of what exactly constitutes embezzlement. When a person has legal responsibility over business assets, bank assets, trust assets or other assets belonging to someone else, but then uses those assets illicitly for their own personal gain, this constitutes embezzlement.

In general, the person committing embezzlement has legal access to another's assets, so that the person can manage them in accordance to the owner's best interests, but then secretly uses the assets for their own personal benefit instead. Some instances of embezzlement include the theft of one large sum of money, while other instances of embezzlement include the taking of smaller amounts of money over an extended period of time.

Whether it is through a social networking platform, a chat room or an instant messaging program, there are numerous ways for a person in Indiana to communicate with someone else through the Internet. For most people, this is generally not a legal issue. However, if a person is prohibited from using the Internet to communicate with certain persons, and has previously been convicted of a sex crime, should they use the Internet to communicate with other people they could be criminally charged.

Under Indiana Code 35-42-4-12, if a convicted sex offender knowingly or intentionally commits a violation of a condition of probation or parole or a rule of a community transition program in which the offender is prohibited from utilizing social networking web sites, instant messaging programs or chat rooms to communicate with a youth under age 16, that offender can be charged with a sex offender Internet offense. Generally, the commission of this type of crime is a Class A misdemeanor. But, the offense is raised to a Level 6 felony if the offender has been previously convicted of this same crime.

People may think of a drug such as methamphetamine and understand that this substance is dangerous and addictive. Thus, this drug is made illegal to possess in Indiana. However, even less dangerous or addictive drugs such as marijuana are also illegal to possess in Indiana. Some people may feel like some of these drugs are essentially harmless, in that they do not cause the user or anyone else harm. However, Indiana law disagrees and makes possession of illicit drugs illegal.

If a person possesses under five grams of meth, it is a Level 6 felony. If a person possesses under five grams of meth, but there are enhanced circumstances, it is a Level 5 felony. It is also a Level 5 felony if a person possesses at least five but under 10 grams of meth. However, if a person possesses at least five but under 10 grams of meth and there are enhanced circumstances, it is a Level 4 felony. It is also a Level 4 felony if a person possesses at least 10 but under 28 grams of meth. If a person possesses at least 10 but under 28 grams of meth and there are enhanced circumstances it is a Level 3 felony. It is also a Level 3 felony if a person possesses 28 grams of meth or more.