New Albany Felony Charge Defense Lawyer

If you have been arrested and accused of a felony crime in Indiana, you face grave consequences, as prosecutors will immediately begin gathering evidence to build a case against you. A conviction for a felony carries penalties ranging from six months to life in prison, or even death, and fines of up to $10,000.  In addition, you will have a lifelong criminal record that can ruin prospects for employment and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits; it can destroy your family and social relationships as well.

The possibilities are overwhelming, but there is still hope available. With legal representation and guidance from an experienced Indiana criminal defense lawyer, you may be able to have your charges lowered or dismissed altogether.

The New Albany criminal defense lawyers at Church Langdon Lopp Banet Law firm (CLLB) know how prosecutors operate and the tactics they use to win a conviction, and we are fully prepared to go up against them. The sooner you contact us, the sooner we can start working to build your defense and prevent you from making mistakes that can be used against you. When you retain our firm, we take care of all legal requirements, court appearances, pleas and negotiations, and we will aggressively fight for your rights and your freedom.

Why Choose Our Defense Lawyer for Felony Charges in New Albany, Indiana

Felonies are serious crimes, and having the right criminal lawyer can make a big difference in the outcome of your case and keep you from unjust incarceration and unreasonable penalties. Here are some reasons why we believe you should select our New Albany criminal defense attorneys to advocate for you:

• We have the necessary experience. Attorney Marc Tawfik’s focus is on trial work and criminal defense, and our New Albany attorneys have successfully defended clients against felony charges ranging from vehicle theft, DWI, and robbery to aggravated rape and murder. We have built relationships with judges, prosecutors, and court personnel, so we know how to work with them and can anticipate and address challenges that may arise.
• We provide a personalized approach. We understand that every felony criminal case is unique, and we treat you with the individual attention you deserve.
• We know how to investigate and build your case.  Our attorneys thoroughly investigate the details surrounding your case to gather evidence, such as from crime scene photos and videos, laboratory and police reports, and interviews with witnesses to build a strong defense.
• We know how to protect your rights. By conducting our own investigation, we can determine whether your rights were violated or evidence was improperly obtained, which may exclude it from consideration.
• We know how to negotiate. Our attorneys look for legal arguments that may result in charges being dropped or reduced and work with prosecutors to explore alternatives to trial, such as reduced charges or plea bargains, when appropriate and desired.
• We know how to advocate for you in the courtroom. If your case does proceed to trial, we will vigorously fight for your rights, present a compelling defense, challenge the prosecution’s evidence, and cross-examine witnesses to cast doubt on their credibility.
• We know how to make appeals should errors made in a trial lead to a conviction.  We will review records and transcripts, meet stringent appeal deadlines, and work to persuade the appellate court that there were mistakes that wrongfully impacted your conviction or sentencing.

How Our Defense Lawyers for Criminal Charges Work for You

Although the law states that you should be regarded as innocent until proven guilty beyond a reasonable doubt, once accused you are likely to be treated as if already convicted. Prosecutors who want to get a conviction will use all the evidence possible to minimize the defendant’s constitutional rights. When you retain our New Albany criminal defense attorneys, we will get to work immediately to make sure you are protected.  We will:

• Meet with you to hear details of how you came to be accused of the alleged felony crime and determine the best way to respond to charges and handle the accusations
• Ensure police and prosecutors adhere to proper procedures
• Make sure you know your rights and how to keep from making common mistakes and saying or doing anything that would negatively affect your case
• Appear in court on your behalf and handle bail and arraignment
• Build a strong defense by examining the crime scene, gathering evidence to show your innocence, interviewing witnesses, examining police and lab reports, and looking for weaknesses and mistakes in the prosecutor’s case
• Conduct our own investigation to determine whether evidence was improperly obtained, which may exclude it from consideration, and challenge any evidence that was improperly obtained or handled
• Negotiate with prosecutors and handle plea bargains for a lesser charge or dismissal of charges
• Take your case to trial and advocate on your behalf to convince a jury that there is reasonable doubt that you committed the crime
• File an appeal with the appellate court if necessary.

At Church Langdon Lopp Banet Law, we believe you deserve strong legal representation, no matter what type of felony charges you are facing. Our New Albany criminal defense attorneys will strive to negotiate a plea bargain agreement that may allow you to avoid jail time, or at least reduce it, if you feel that is your best option. If you go to trial, we can present your side of the story to the judge and jury, cross-examine witnesses and present evidence to show that the prosecution’s case and witnesses are unreliable and untrustworthy, to convince the jury that there should be reasonable doubt.

Felony Criminal Attorney Explains Types of Charges

In Indiana, any crime that carries a penalty of more than one year in prison is classified as a felony. Most felonies in Indiana are designated as Level 1, 2, 3, 4, 5, or 6, with murder and Level 1 being the most serious offenses:

• Level 6 felony: 6 months to 2.5 years in county jail with an advisory sentence of 1 year
• Level 5 felony: 1 year to 6 years in prison with an advisory sentence of 3 years
• Level 4 felony: 2 years to 12 years in prison with an advisory sentence of 6 years
• Level 3 felony: 3 years to 16 years in prison with an advisory sentence of 9 years
• Level 2 felony: 10 years to 30 years in prison with an advisory sentence of 17.5 years
• Level 1 felony: 20 years to 40 years in prison with an advisory sentence of 30 years
• Murder: fixed sentence of 45 to 55 years in prison, life without parole, or the death penalty (3 separate possibilities).

These advisory penalties are guidelines for the judge, who can decide specific jail within range limits of each felony class, and all sentences could come with a fine of up to $10,000. In addition, judges are required to add additional fixed amounts of prison time of 2 to 20 more years for “habitual offenders,” i.e., anyone who has been convicted of three or more felonies.

Felony Criminal Lawyer Discusses Defense Strategies

Depending on the seriousness of your felony charge and the individual circumstances involved, there are several defenses our New Albany criminal defense lawyers may utilize. Our goal is to find the best defense strategies that challenge the validity and sufficiency of the prosecution’s evidence in order to raise reasonable doubt.  Examples include:

• Alibi defense. This can be used if you have witnesses, documentation, or photographic or electronic evidence that establishes you were somewhere else at the time the crime is committed.  Evidence to establish an alibi may include cell phone data, security camera videos, social media posts or testimony of other people as to your location.
• Self-defense or defense of others or of property. Under IC § 35-41-3-2, use of force to protect person or property (self-defense), you may use force if you can show that you had a reasonable belief that you were in imminent danger of harm, believed you were about to be attacked, and you had no other way to avoid the attack. This defense is useful in cases of crimes like assault, battery, and murder, where violence was justified to respond to violent actions.
• There were constitutional violations of your rights. Examples include illegal search and seizure of your home, car, clothing, or person, failure to obtain a warrant for entry, obtaining an improper confession, or failure to have your “Miranda Rights” read at the time of the arrest. When these violations occur, evidence illegally obtained may be suppressed or your case may be dismissed.
• Entrapment, if police induced you to commit a crime that, under ordinary circumstances, you would never have committed.
• Mistaken identity, if there is evidence that you were mistaken for someone else who actually committed the crime and this evidence has been ignored.
• Mental disease, defect, or insanity. This can be used under IC § 35-41-3-6, if it can be proven that you were suffering a severe mental disease or defect at the time the crime was committed and therefore were unable to appreciate the wrongfulness of the conduct.
• Lack of sufficient evidence, if the prosecution lacks enough evidence to prove the guilt beyond a reasonable doubt. Our attorneys may challenge the reliability of witness testimony, the credibility of evidence, or the legality of the search and seizure procedures.
• Expired statute of limitations. Under IC section 35-41-4-2, prosecution for an offense is barred unless it is commenced within five years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014). However, prosecution for a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.

Call Our New Albany, Indiana, Felony Defense Attorney for Help

When charged with a felony crime, you only have one chance to make the strongest possible argument in your defense, so get help from a knowledgeable and skilled criminal defense lawyer who can anticipate the prosecutor’s moves and effectively attack their case.

At Church Langdon Lopp Banet Law, we have an understanding of the local courts and criminal justice system that enables us to address and deal with potential challenges that may arise during your defense. This gives us an edge in building a strong defense strategy tailored to the crime and jurisdiction in which your case is being heard.

Our New Albany felony crime defense lawyers will put every effort possible into the success of your case, whether negotiating a favorable plea agreement or achieving a not-guilty verdict at trial.

Your future is too important to risk. Call us at (812) 725-8224 today and let us start fighting for your rights and freedom.

Attorney Marc Tawfik

Marc is a Kentucky native, having lived and worked in the state the majority of his life. He is a licensed attorney in Kentucky and Indiana, and his focus is on trial work, including civil litigation and criminal defense. He has represented a wide variety of clients, and he is committed to putting his clients’ needs first. [ Attorney Bio ]