Indianapolis Criminal Defense Attorney
Make a fresh start. Contact Hocker & Associates, LLC, for your criminal defense case.
Criminal charges in Indiana can have serious consequences. If you or a loved one is convicted of a criminal charge, you could be fined thousands of dollars or even imprisoned for several years depending on your specific charge.
That's why it's critical to hire an Indiana criminal defense lawyer with a comprehensive understanding of the law and a proven track record of success. At Hocker & Associates, LLP, attorney Brett Osborne has extensive knowledge of the law and experience handling a range of criminal defense cases. Osborne will protect and preserve your rights if you are arrested or charged or believe you are under investigation.
Located in Indianapolis and serving clients throughout Indiana, our law firm has more than 20 years of experience defending clients in court against serious criminal charges. We have successfully handled a variety of criminal cases, and we're eager to work with you.
What types of criminal defense cases does Hocker & Associates handle?
Our attorneys have represented people facing a wide range of criminal charges, including but not limited to:
- Sentence Modifications
- Theft, shoplifting, burglary and robbery
- Embezzlement / Fraud
- Weapons/Firearms charges
- Sex Crimes
- Federal Charges
How can an Indiana criminal defense lawyer help me?
Each criminal charge is unique. That's why it's important to discuss the details of your case with a criminal defense attorney as soon as possible. In many cases, certain critical deadlines apply to certain charges. If you fail to take prompt action, you could face serious consequences.
Some charges might seem straightforward at first. That's probably why some people decide to try to handle the case on their own. Or they might simply think there's no hope, so why even bother hiring a lawyer?
The reality is you often have many legal options available when facing criminal charges in Indiana. That's why it's important to meet with a lawyer as soon as possible to discuss the details of your case.
Why should I hire Hocker & Associates, LLC for my criminal defense case?
Evidence builds strong criminal cases. If we are hired to defend you in court, we will do everything we can to uncover the facts you need to build a strong case and carefully analyze the evidence already assembled against you.
Indiana criminal defense attorney Brett E. Osborne and his colleagues at Hocker & Associates, LLC provide sophisticated, aggressive representation when your freedom is at stake. Our goal is simple – to get your charges dismissed or minimize the impact of your arrest. If your case goes to court, we will fight aggressively for an acquittal. We will not rest until justice is served.
Helping people make a fresh start drives everything we do at Hocker & Associates, LLC. We understand people make mistakes. But they shouldn't have to suffer for them for the rest of their lives. Discover how our law firm can help you.
Many people do not realize their criminal sentence can be changed even if they have been found guilty and they are already serving their sentence. When such changes are made, this process is referred to as a sentence modification.
Very specific circumstances often must exist in order for someone's criminal sentence to be modified. These include:
- Errors made during sentencing – If a judge or clerk makes a mistake, the judge has the right to amend the sentence.
- Defendants cooperating with prosecutors – If you testify in another criminal case, your sentence could be modified or reduced
- Age of defendant – Older defendants sometimes have their sentence reduced due to their age, particularly if they're over 70 years old and have served at least 30 years in prison.
- Change in sentencing guidelines – If the sentence for certain criminal charges have been reduced since the defendant's sentencing, the defendant might be able to have his or her charges reduced as well.
- Extraordinary and compelling reasons – The Director of the Bureau of Prisons can request a reduction in a defendant's sentence for this reason, particularly if the defendant has a terminal illness.
Having a criminal record can hold people back from moving forward in their lives. Whether it's applying for a job or another important milestone, a criminal record can prevent people from achieving their goals.
Fortunately, Indiana allows defendants to seal their criminal record in certain circumstances through a process known as expungement. If your record is expunged, you can legally state that you have not been convicted of a crime when applying for a job or similar circumstances.
The rules for expungement in Indiana have very strict guidelines. These rules include who's eligible for expungement. Generally, defendants can apply for expungement in Indiana if the arrest never resulted in charges and convictions that are between 5 and 8 years old. Expungement law can be a powerful tool to help you get a fresh start. Call us to determine if you qualify.
These criminal charges might seem similar but there are very distinct differences between them. In particular, the penalties for each charge vary widely in Indiana depending on various circumstances, including the value of the stolen items and whether the defendant has been previously convicted of similar charges. Indiana defines these crimes as follows:
- Theft – Also known as larceny, theft involves taking another person's property without the owner's consent. The value of the stolen items often determines if the theft is a misdemeanor or felony.
Misdemeanor: Less than $750
Level 6 Felony: $750-$50,000 or firearm or 2nd conviction (theft)
Level 5 Felony: More than $50,000 or is a valuable metal related to safety
Misdemeanor: Up to 1 year in jail and up to $5,000 fine
Level 6 Felony: Up to 2½ years in prison and up to $10,000 fine
Level 5 Felony: Up to 6 years in prison and up to $10,000 fine
- Burglary – Indiana defines burglary as unlawfully entering someone else's property with the intent to commit a felony or theft in the building. Charges vary depending on whether something was actually stolen, the value of the stolen items, if the defendant was armed and if someone else was injured in the course of the burglary.
Penalty for burglary in Indiana – Penalties can range from a Level 5 felony to a Level 1 felony.
- Robbery – A form of theft in which something is stolen using force. Harming or threatening someone with violence during the course of a theft elevates theft charges to robbery.
Penalty for robbery in Indiana – Can be a level 5, 3, or 2 felony.
These two types of financial crimes can result in serious penalties, including significant fines and imprisonment. Penalties vary in Indiana depending mainly on the amount of money allegedly taken and whether the person has previously been convicted of a similar charge. Indiana defines the two crimes as follows:
- Embezzlement – A form of property theft involving the fraudulent and felonious appropriation of another's property by persons to whom it has been trusted, or into whose hands it has lawfully come.
Penalty for embezzlement in Indiana – Same as for theft (see above).
- Fraud – Variety of charges involving fraud exist in Indiana. All of them involve allegations of intentionally taking someone else's money for personal financial gain through fraudulent means. Fraud changes include:
- Bank Fraud – Accusations of attempting to obtain money from a bank through fraudulent behavior, including submitting false checks or cashing stolen checks.
- Credit Card Fraud – Often involves accusations of using a stolen credit card or obtaining a credit card through fraudulent means, including using someone else's identity.
- Insurance Fraud – Accusations include filing fraudulent insurance claims or insurance companies rejecting legitimate insurance claims for fraudulent reasons.
- Mail Fraud – Mailing a letter to someone in order to obtain money through fraudulent means, including posing as a false business.
- Wire Fraud – Similar to mail fraud, except the defendant uses the Internet, telephones or other electronic means allegedly in an attempt to commit fraud.
Penalties for fraud in Indiana – Penalties vary widely. Most fraud convictions start as a level 6 felony.
Indiana has strict laws dictating who can carry a gun and where they can do so. Convictions for weapons and firearms charges in Indiana vary widely and can have serious consequences. Please note: Indiana does not require people to have a permit to purchase a gun. However people in Indiana need a permit to carry the gun anywhere except their own property.
Some of the most common charges and penalties for weapons and firearms infractions in Indiana include:
- Obtaining a firearm through false information – Level 5 felony (up to 6 years in prison and up to $10,000 fine).
- Aiming a gun at another person – This is criminal recklessness and is a level 5 felony when a gun is involved.
- Possession of a firearm by a serious violent felon – A level 4 felony.
- Possession of a gun at school – Can be a class A misdemeanor or level 6 felony depending on the facts.
Sexual-related criminal charges in Indiana demand an experienced attorney. Due to the serious and sensitive nature of such charges, the consequences often include jail time and fines. You could also lose your job or have your reputation permanently tarnished if you're convicted of a sex crime in Indianapolis or another community in Indiana. People convicted of such crimes also may be required to register as a sex offender.
Some of the most common (and serious) sex crimes we handle at our law firm, along with the penalties, include:
- Rape – Level 3 to level 1 felony.
- Sexual battery – Level 6 or level 4 felony.
Charged as a state crime, battery is when someone knowingly or intentionally touches another person in a rude or angry manner. Penalties range from class B misdemeanor to a level 2 felony.
Subtle but important differences exist between federal criminal charges and those filed by the state. Sometimes, the difference between the two involves where the crime allegedly took place. Crimes committed on federal property or committed in more than one state are often classified as federal crimes.
Another difference involves where such crimes are prosecuted. Instead of a local district attorney, federal prosecutors pursue legal action against defendants in federal court. Common federal charges include:
- White collar crimes
- Drug-related crimes
- Weapons, firearms charges