Facing Harassment Charges in Indiana?
Harassment charges in Indiana can be overwhelming and stressful, especially when you’re unsure of the legal implications and your rights. It’s important to understand that harassment is taken seriously by courts throughout the state, and understanding the nuances of these charges can make a significant difference in how you navigate the legal system. Whether you’re facing allegations or seeking to protect yourself from unwarranted accusations, being informed is critical to securing the optimal outcome in the situation at hand. It’s also crucial to secure experienced legal representation as soon as possible. With the right Indiana criminal defense attorney by your side, you may be able to minimize the charges made against you or have them dropped altogether.
The Indiana criminal defense lawyers at Keffer Hirschauer LLP are dedicated to providing expert legal counsel and support for individuals facing these challenging situations. With their extensive experience and deep understanding of the Indiana harassment law, they are equipped to help you navigate the complexities of your case, protect your rights, and work towards the best possible outcome.
If you’re facing harassment charges in Indiana, you can trust the team at Keffer Hirschauer LLP to stand by your side and provide the strong defense you need to protect your reputation and future. Contact our firm today at 317-751-7186 or use our online contact form to schedule a free case consultation.
What Constitutes Harassment in Indiana?
As defined in Indiana Code 35-45-2-2, a person may face harassment charges in Indiana when they do one of the following actions with the intent to harass, annoy, or alarm another person:
- Makes a phone call, whether or not a conversation ensues
- Communicates with a person by telegraph, mail, or other form of written communication
- Transmits an obscene message, or indecent or profane words, on a Citizens Radio Service Channel
- Uses a computer network or other form of electronic communication to communicate with a person or transmit an obscene message or indecent or profane words to a person
Defining an “Obscene Message”
In regards to the Indiana harassment law, an “obscene message” is a message that (a) the average person, applying contemporary community standards, finds that the dominant themes of the message, taken as a whole, appeals to the prurient interest in sex; (b) refers to sexual conduct in a patently offensive way; or (c) taken as a whole, lacks serious artistic, literary, political, or scientific value.
Defining “Computer Network”
For the purposes of understanding harassment charges in Indiana, a “computer network,” is considered to be “the interconnection of communication lines or wireless telecommunications with a computer or wireless telecommunication device through remote terminals; a complex consisting of two or more interconnected computers; or a worldwide collection of interconnected networks operating as the internet.”
Potential Penalties for Harassment Charges in Indiana
Harassment is considered to be a Class B criminal misdemeanor in Indiana. Under the Indiana sentencing guidelines, this level of offense is punishable by 0-180 days in prison and a fine of up to $1,000. While these penalties may seem harsh, a person facing harassment charges in Indiana may be able to avoid incarceration. With the help of the right criminal defense attorney, a person convicted of harassment could have their sentence suspended and instead be placed on probation. For many, probation in Indiana is more preferable than incarceration. That said, probation does come with strict rules and regulations. Those who violate the rules of their probation will risk having their probation extended or modified; and if the violation is serious enough, they could be sent to jail to serve the remainder of their suspended sentence behind bars.
Collateral Consequences
It’s important for anyone facing harassment charges in Indiana to understand that the collateral consequences of such a harassment conviction have the potential to completely alter a person’s life; impacting their ability to obtain employment, housing, financial assistance, and more. However, it doesn’t always have to be that way. The Indiana expungement process allows for individuals to seal their criminal record after a certain period of time. For instance, a person convicted of harassment as a Class B misdemeanor Indiana, must have their expungement request granted by a court if they meet the following criteria:
- 5+ years since the date of conviction
- No convictions in the 5 years prior to requesting expungement
- No pending criminal charges
- All fines, fees, court costs, and restitution orders paid
- Expungement filing fee paid
Matters Related to Professional Licensing
The Indiana Professional Licensing Agency (PLA) is charged with overseeing licensed professionals throughout the state of Indiana. In turn, they grant regulatory powers to an array of boards and commissions to determine how licenses are awarded and maintained. Most of these regulatory bodies require license holders to remain complaint with certain set of ethical standards. Typically, these standards include a rule that license holders cannot be convicted of a crime that is harmful to society or impairs their ability to practice their profession.
All professions, and the boards and commissions that govern them, are different. However, there are many circumstances and occupations where a conviction for harassment may significantly impact a person’s ability to obtain or maintain their professional license in Indiana. When this occurs, the best course of action is to hire an attorney who has experience handling both criminal and professional licensing matters.
Keffer Hirschauer LLP employs some of the leading professional license defense attorneys in Indiana. They are not only experienced in criminal defense but have also defended countless Hoosiers before various professional license boards and commissions. In other words, they fully understand the ins and outs of these regulatory bodies’ administrative processes and know what it takes to protect your professional license following harassment charges in Indiana.
The Role of a Criminal Defense Attorney
When facing harassment charges in Indiana, having a skilled criminal defense lawyer by your side is essential. Just as navigating complex legal topics like Brady disqualifications or IDLC suspensions requires expert guidance, so does dealing with serious accusations like harassment. A knowledgeable attorney can make a significant difference in your case, ensuring your rights are protected and providing you with the best possible defense. In the end, this may result in a reduction of charges, minimized penalties, or even the dismissal of the harassment charges as a whole.
Charge Reduction: While the specifics of the situation matter greatly – what was said or done, under what circumstances, and with what intent – an adept attorney can often find grounds to argue for a reduction in the severity of charges based on these nuances. Ultimately, this is critical in avoiding the most severe penalties, such as incarceration.
Minimizing Penalties: In cases involving a first-time offender in Indiana, a skilled Indiana attorney can negotiate terms that significantly minimize penalties. This could mean pursuing alternative sentencing, such as counseling or community service.
Dismissal of Charges: In certain situations, a complete dismissal of charges may be possible. Often times, this is the result of legal technicalities, like the improper handling of evidence, lack of probable cause for an arrest, or violation of the defendant’s rights. When you hire the best criminal defense lawyer in Indiana they will likely have a keen eye for detail and thus be able to identify these issues.
Need Help Navigating Harassment Charges in Indiana?
Harassment charges in Indiana are serious and can lead to severe legal consequences, including fines, imprisonment, and a long-lasting criminal record. These charges can also significantly and immediately impact your personal and professional life, making it crucial to take swift action if you are facing such allegations.
If you or someone you know is facing harassment charges, it is imperative to contact an attorney as soon as possible. Early legal intervention can be critical in navigating the complexities of the legal system and mounting an effective defense.
Keffer Hirschauer LLP employs some of the best criminal defense lawyers in Indiana, providing unmatched expertise and dedication to their clients. Led by former deputy prosecutors Bradley Keffer and Tom Hirschauer III, our team understands the intricacies of the legal process and knows what it takes to achieve the best possible outcome. With their extensive experience and comprehensive knowledge of the law, our team is uniquely positioned to defend your rights and guide you through this challenging time.
Call 317-751-7186 or use our online contact form to schedule a free case consultation with an attorney from Keffer Hirschauer LLP today.
