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20 Years of Combined Experience From a Dedicated Team of Former Prosecutors
If you are facing criminal charges, the most important thing you should do is consult an experienced criminal defense attorney. Whether you have been charged with a misdemeanor or a serious felony, it is advisable to work with a lawyer on your case to ensure you obtain favorable, fair results.
What is a Defense Attorney?
A defense attorney is a legal professional that delivers representation and advocacy to individuals or organizations who are facing criminal charges. Their primary duty is to defend their client's rights and interests throughout the criminal justice process, which includes pre-trial investigations, plea negotiations, and trial proceedings. A defense attorney will work to review and gather evidence, question potential witnesses, and present a strong legal defense to prove their client's innocence or mitigate the charges and penalties they are facing. They may also negotiate with the prosecution to reach a plea bargain that is in the best interest of their client. At Gemma & Karimi, LLP, our team does just that.
The criminal defense lawyers at Gemma & Karimi, LLP have 20 years of combined experience defending clients in court, and they also bring unique backgrounds as former prosecutors. As a result, they have an intimate knowledge of how the prosecution and the court rules and thinks, and they can more effectively strategize your case around those trends.
Schedule a free consultation with Gemma & Karimi, LLP online to get started. Representing defendants in North and Southwest Indianapolis and around Hamilton, Hendricks, and Hancock Counties.
Another category of crime that Gemma & Karimi, LLP handles is sex crimes. The corresponding prison and or probation sentence for illegal sexual conduct depends on a number of factors, including:
- the amount of force used in committing the sexual act;
- the nature of the sexual conduct;
- the alleged victim’s age;
- any prior convictions for sex crimes.
Note that Indiana does recognize a “Romeo and Juliet” law that permits 14- and 15-year-olds to participate in consensual sexual activity with others no more than 4 years older.
One of the most important consequences of a sex crime conviction is required sex offender registration. There are 4 types of offender categories in Indiana that require different lengths of registration:
- Sexually violent predators – sex offender registration for life
- Offenders against children – sex offender registration for life if the alleged victim was younger than 12 years old
- Sex offenders – sex offender registration for 10 years (from the date the defendant is released from incarceration or placed on parole or probation, whichever is latest)
- Violent offenders – sex offender registration for 10 years
Sex offender registration could seriously limit an offender’s job opportunities, destroy their social life, and restrict where they can live. As a result, it is best to consult an experienced attorney about how to navigate the consequences following an accusation and avoid a lifetime of stigma.
Protect your future and your reputation with Gemma & Karimi, LLP. Schedule a free consultation with the firm online to get started.
One common crime the firm defends against is driving under the influence (DUI), also referred to in Indiana as "operating while intoxicated" (OWI). Recall that it is illegal for Indiana motorists to operate a vehicle:
- with a blood alcohol concentration (BAC) of .08% or more;
- with any amount of a Schedule I or II controlled substance in their system (opiates, hallucinogens, marijuana, cocaine, methamphetamine); or
- while actually intoxicated by drugs or alcohol.
The state also implements a “zero tolerance” law that makes it illegal for drivers under the age of 21 years old to operate a vehicle with a BAC of .02% or more.
The penalties for DUI depend on several factors, particularly whether the defendant has any prior convictions:
- 1st offense – up to 60 days in jail; up to $500 in fines; 180 days of license suspension; up to 60 days of ignition interlock device (IID) use
- 2nd offense – up to 60 days in jail; up to $500 in fines; at least 1 year of license suspension; up to 60 days of IID use
- 3rd offense – up to 60 days in jail; up to $500 in fines; at least 1 year of license suspension; up to 60 days of IID use
Note that if a conviction occurs within 5 years of a prior conviction, the offense will be considered a felony with enhanced penalties of 6 months to 2.5 years in prison and up to $10,000 in fines. Visit the firm’s DUI page for more information on DUI in Indiana, including the state’s implied consent laws.
Homicide, one of the more serious categories of violent crimes, includes crimes of murder and manslaughter and is one of the most complex crimes to defend against. According to Indiana law, a person commits murder if they:
- intentionally kill another human being;
- kill another person while committing or attempting to commit a felony like arson, burglary, child molesting, consumer product tampering, kidnapping, rape, robbery, human or sex trafficking, carjacking, or drug dealing ("felony murder"); or
- intentionally kill a fetus that has attained viability.
Manslaughter is a killing that occurs in the “heat of passion” (voluntary manslaughter) or on accident (involuntary manslaughter).
The penalties for murder depend on the severity of the crime and the defendant’s criminal history. Murder can be punished by the death penalty, life imprisonment without the possibility of parole, or 45-65 years in prison and up to $10,000 in fines. The presence of aggravating or mitigating factors can impact a judge’s decision to issue a sentence in the more severe or less severe range, though, and an experienced criminal defense attorney can help you build a case for reduced penalties.
Manslaughter offenses are charged at a lesser degree than murders; voluntary manslaughter is a Level 2 felony punishable by 10-30 years in jail and up to $10,000, and involuntary manslaughter is a Level 5 felony punishable by 1-6 years in jail and up to $10,000 in fines. If the manslaughter resulted from the operation of a motor vehicle, the offender may also face 2-5 years of license suspension.
The above are only a handful of criminal offenses that Gemma & Karimi, LLP defends against; the firm takes an aggressive approach to criminal defense and will advocate tirelessly for your defense, whether you are facing light charges or severe accusations.