Indianapolis Misdemeanor Attorney

Former Public Defender. 30 Years in Indiana Courts. Fighting for You.

Misdemeanor charges in Indianapolis carry real consequences. Indiana classifies misdemeanors as Class A, Class B, or Class C, with Class A being the most serious. Even at the lower end of that scale, a conviction can mean jail time, fines, and a permanent criminal record that follows you into job applications, housing decisions, and more.

At Colasessano Law Office LLC, we have spent over 30 years defending clients in Indiana criminal courts. Attorney Gary L. Colasessano leads every case personally, from the first call through final resolution, so you know who is working for you and where things stand.

Whether you’re facing a DUI, assault, or theft charge, we build a defense shaped by more than three decades of Indianapolis courtroom experience. Contact Colasessano Law Office LLC or call (317) 203-8541 to schedule your free consultation today.

Why Indianapolis Clients Choose Colasessano Law for Misdemeanor Defense

Attorney Gary Colasessano’s background as a former public defender gives our clients an advantage that’s difficult to find elsewhere. He understands firsthand how Indianapolis prosecutors build and pursue misdemeanor cases, which strategies they favor, and where cases may be vulnerable to a strong defense. That perspective shapes every decision we make on your behalf.

Every client works directly with Attorney Colasessano. Cases aren’t handed off to associates or support staff. That single-attorney accountability, combined with over 30 years of appearing in Indiana criminal courts against Indianapolis-area prosecutors, is what sets our approach to misdemeanor defense apart.

What clients can expect when working with us:

• Trial-ready preparation: We prepare every misdemeanor case as though it will go to trial, which can create real leverage during plea negotiations.
• Direct communication: Calls, emails, and messages are returned quickly, often the same day.
• Competitive, fair fees: We believe quality defense should be accessible, and our pricing reflects that commitment.
• Honest guidance: We give straightforward answers, including when the truth is difficult to hear.

Our Defense Strategy for Misdemeanor Charges in Indianapolis

As your criminal defense attorneys, we approach every misdemeanor case with close attention to both the details and the circumstances unique to your situation, guiding you from arraignment through resolution.

Our defense process includes:

• In-depth investigation: We gather all necessary evidence and challenge inconsistencies in the prosecution’s case, with thorough trial preparation so we’re ready for the courtroom if it comes to that.
• Expert collaboration: We work with forensic experts, private investigators, and other professionals to build a comprehensive defense, scrutinizing witness statements and forensic reports for potential discrepancies.
• Clear communication: We keep you informed at every step so you understand your options and feel confident in the decisions you make alongside us.

We tailor every approach to the case at hand, whether that means pursuing a fair settlement or preparing fully for trial, so you’re never left uncertain about what comes next.

Common Legal Defenses for Misdemeanor Charges in Indianapolis

The right defense depends on the charge and the facts of your case. Identifying the strongest available argument early can meaningfully affect how things resolve. Below are recognized defenses that apply across the most common misdemeanor charge types in Indianapolis.

DUI & OWI Defenses

Defenses in DUI and OWI cases often center on the legality of the traffic stop itself, since evidence gathered during an unlawful stop may be inadmissible. Breathalyzer results can be challenged on grounds of improper calibration, faulty administration, or a rising BAC argument, which holds that the defendant’s blood alcohol level was still climbing at the time of testing and didn’t reflect the level while driving.

Drug Possession Defenses

A drug possession charge requires the prosecution to prove knowing possession. Defenses may include lack of knowledge that a substance was present, a broken chain of custody for the evidence, or proof that the substance was lawfully prescribed. Unlawful search and seizure is also a significant defense when law enforcement conducted a search without a valid warrant or an applicable exception.

Assault & Battery Defenses

In assault and battery cases, self-defense applies when the defendant had a reasonable belief that physical harm was imminent. Mistaken identity is another recognized defense when eyewitness identification is unreliable or inconsistent. Under Indiana law, entrapment applies when law enforcement induced a defendant to commit an offense they wouldn’t otherwise have committed.

Common Misdemeanors Our Indianapolis Attorneys Handle

Even a misdemeanor can have lasting consequences. At Colasessano Law Office LLC, our misdemeanor attorney in Indianapolis provides dedicated representation for clients facing a wide range of charges.

Common misdemeanor cases we handle include:

• DUI: Charges related to driving under the influence of alcohol or drugs.
• Simple assault and battery: Situations involving minor physical altercations or threats.
• Petty theft and shoplifting: Accusations of taking property valued under the felony threshold.
• Disorderly conduct: Public disturbances, fights, or behavior considered disruptive or offensive.
• Possession of marijuana or drug paraphernalia: Misdemeanor drug offenses that can still affect employment and background checks.
• Vandalism and property damage: Minor property crimes are often charged as misdemeanors.
• Domestic violence misdemeanors: Lower-level domestic disputes that still carry serious penalties and protective order implications.

Whatever the charge, our goal is to minimize the impact on your life. We evaluate every detail of your case, challenge weak evidence, and pursue the best available outcome, whether that means dismissal, charge reduction, or alternative sentencing.

Your Rights When Charged With a Misdemeanor in Indianapolis

Every individual charged with a misdemeanor in Indianapolis is entitled to rights and protections guaranteed under Indiana law. Law enforcement must follow due process at every stage, from arrest through resolution.

Key rights include:

• Presumption of innocence: You are entitled to a fair and impartial trial, regardless of the alleged offense.
• Right to remain silent: You don’t have to answer questions without legal counsel present.
• Right to legal representation: You have the right to have an attorney present during interrogations and court proceedings.
• Access to evidence: You can review the evidence the prosecution intends to use and challenge its admissibility.
• Right to present a defense: You may call witnesses and submit evidence supporting your case.

Working with a misdemeanor lawyer in Indianapolis means having someone who can explain your options at each stage, advocate for your interests, and help protect your rights. Getting sound legal advice early is one of the most important steps you can take to protect your future.

How a Misdemeanor Conviction Can Affect Your Record

A misdemeanor conviction becomes part of your permanent criminal record and can influence key areas of your life long after the case is closed.

Potential impacts include:

• Employment: Background checks may reveal your record, limiting job opportunities or career advancement.
• Education: Some schools and programs consider criminal records in admission decisions.
• Housing: Landlords may deny applications based on criminal history.

Expungement can remove a misdemeanor from your public record, giving you a fresh start. Under Indiana Code 35-38-9-2, most misdemeanors are eligible for expungement after a five-year waiting period, provided all eligibility requirements are met. We guide clients through the Indiana expungement process, advise on record-sealing eligibility, and help identify strategic steps to minimize long-term consequences.

Frequently Asked Questions About Misdemeanor Offenses

What Are the Penalties for Misdemeanors in Indianapolis?

Penalties depend on the class of the charge. A Class A misdemeanor can carry up to one year in jail and fines up to $5,000. Class B misdemeanors carry up to 180 days in jail and fines up to $1,000, while Class C misdemeanors can result in up to 60 days in jail and fines up to $500. Judges may impose probation across all three classes.

Is It Possible to Have Misdemeanor Charges Dismissed?

Misdemeanor charges can be dismissed or reduced through a range of avenues, including a strong defense that identifies procedural or evidentiary errors, plea agreements, successful completion of a diversion program, or insufficient evidence to proceed. No outcome can be guaranteed, but thorough case review and active advocacy can put you in a stronger position to pursue a favorable result.

Can First-Time Offenders Avoid a Conviction?

First-time offenders in Indiana may qualify for pretrial diversion programs, which can result in charges being dismissed upon successful completion of conditions such as community service, counseling, or restitution. Eligibility depends on the nature of the charge, the defendant’s prior criminal history, and prosecutorial discretion. Not every misdemeanor charge qualifies, which is why having a misdemeanor attorney review your case early matters.

How Long Before a Misdemeanor Can Be Expunged in Indiana?

Most misdemeanors in Indiana can be expunged after a five-year waiting period under Indiana Code 35-38-9-2. Once expunged, the conviction is removed from the public record and may not appear on standard background checks. We can assess your eligibility and walk you through each step of the process.

Do I Need an Attorney for a Misdemeanor Charge?

Misdemeanors carry real consequences, and navigating the legal system alone increases the risk of an outcome that could have been avoided. Working with a misdemeanor lawyer in Indianapolis who knows the local courts, the prosecutors, and the procedural landscape can make a meaningful difference at every stage.

• Local knowledge: Familiarity with Indianapolis-area court procedures and prosecutorial tendencies helps anticipate challenges and respond effectively.
• Personal attention: Your case won’t be passed to a junior associate or paralegal. You communicate directly with your attorney.
• Thorough case review: We examine every possible defense, including eligibility for diversion programs, charge reduction, or expungement.

Contact Our Misdemeanor Attorney in Indianapolis

Facing a misdemeanor charge doesn’t have to mean facing it alone. At Colasessano Law Office LLC, we bring over 30 years of Indiana criminal court experience, direct attorney involvement, and a genuine commitment to your case. The sooner you call, the more options may be available to consider.

Contact us or call (317) 203-8541 to schedule your free initial consultation. Our Indianapolis misdemeanor attorney is ready to help.