Domestic Battery vs. Other Assault Charges in Indiana: Legal Distinctions
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
1w ago
What is the Definition of Domestic Battery in Indiana? Indiana laws set a boundary between acceptable social conduct and criminal behavior, emphasizing the intention behind the conduct. Domestic battery is a criminal offense with legal and collateral consequences. It entails physical abuse against a family member and differs from other battery cases. Personal injury attorneys in Anderson explain that under I.C. 35-42-2-1.3, you can be charged with domestic battery if you intentionally or knowingly: Touch a family or household member in an insolent, rude, or angry way Place any bodily fluid or ..read more
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Self-Defense Laws in Indiana: When Can You Use Force Legally?
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
1M ago
Does Indiana Have a “Stand Your Ground” Law? In Indiana, self-defense cases are taken very seriously, especially when using deadly force to defend yourself. However, the concept of “self-defense” does not apply under all the circumstances surrounding this type of case. The Indiana court’s main point will be to consider and decide whether the deadly force used was justified. Speaking only on a general basis, you may only use deadly force when there is a reasonable belief that your or someone else’s life and overall safety are in imminent danger. In Indiana, the “Stand Your Ground law” clearly s ..read more
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Indiana No-Contact Orders: What to Expect After a Domestic Battery Arrest
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
2M ago
What Is Considered Domestic Battery in Indiana? Domestic violence charges differ from state to state, but in Indiana, it includes any violent act that’s directed toward any intimate partner. “Intimate partners” can include spouses, ex-spouses, or a couple living together as partners or with a child. Indiana also includes same-sex couples who are living together in its definition. The charge of domestic battery stems from the above description, but to be charged as a crime, one partner must knowingly or intentionally touch the other party, who is; A current or ex-spouse. Is or was living toget ..read more
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The Legal Process: From Arrest to Resolution in Indiana OWI Cases
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
3M ago
I’ve Been Arrested for OWI in Indiana, What Happens Now? Being arrested and charged with OWI in Indiana can have devastating effects on your and your family’s life. Of course, the circumstances in every case differ, but jail time may always be on the table, and getting immediate, competent, skilled, professional legal advice and guidance is mandatory. Of course, your arrest is the first step of any OWI case in Indiana. This begins your initial stage of getting through the Indiana OWI court process. The police will usually stop you if they have a suspicion that you are driving under the influen ..read more
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OWI Checkpoints in Indiana: Know Your Rights and How to Respond
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
4M ago
General Facts About Indiana’s OWI Checkpoints You Must Know. Many states do not use OWI (aka DUI) checkpoints, but they are still used throughout Indiana. For example, nine checkpoints have been used in Hamilton County over the last four years. These resulted in 19 OWI arrests and charges. According to a recent study done in Indianapolis, OWI checkpoints are found to be highly effective when it comes to reducing drunk driving charges in most downtown areas and may significantly reduce alcohol-related accidents. That said, OWI checkpoints in Indiana continue to be used. Therefore, you must unde ..read more
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What Is Portability for Estate and Gift Tax?
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
11M ago
Although Indiana does not tax estates or gifts, the federal government does maintain a steep tax rate on these for individuals who leave qualifying estates or give large amounts of gifts. As the IRS describes it, the estate tax is a “tax on your right to transfer property at your death.” This is why gifts and estates are taxed together—in case a taxpayer tries to give away their estate before death to avoid taxation. The estate tax exemption includes not only the value of the estate but the total value of taxable gifts that the deceased person made in their lifetime, as far back as 1977. Howev ..read more
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How Long Does It Take to Settle an Estate?
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
11M ago
Handling an estate through probate can be a famously lengthy and drawn-out process, but in Indiana, state law makes it possible to have an estate settled in six months or less if there are no complications. However, that is not guaranteed, and a full probate case can take a year or more. A quick probate requires a small, simple, well-organized estate; a conscientious and harmonious family or group of distributees; and a well-staffed court that processes filings expeditiously. Few of us can expect to have all of these. Nonetheless, a little estate planning can allow loved ones to receive gifts ..read more
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What Is Estate Administration?
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
1y ago
When a person dies, their remaining property and assets are known as their probate estate. The decedent’s next of kin—or those named in their will—may have interests in the property from the estate, but that does not mean they can take possession of it just because the decedent died. In order for others to take legal ownership of the estate’s property, someone must serve as a personal representative for the decedent and oversee the administration of the estate. Administration involves making the appropriate court filings in the county where the decedent lived, compiling and presenting an inven ..read more
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What Are Irrevocable Trusts for Estate Tax Planning?
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
1y ago
Planning your estate is largely a matter of asset protection. To preserve your property and resources for your loved ones, you need to keep them as safe as possible from creditors and from lengthy, unnecessary, and expensive legal processes, such as probate and taxes. Fortunately, the state of Indiana does not currently levy estate tax, gift tax, or inheritance tax on the estates of those who died after 2012. However, Indiana estates remain vulnerable to taxation in at least three ways: Federal gift tax In order to discourage people from giving away all of their assets before death to avoid t ..read more
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Holding Truck Drivers Accountable
Beeman Heifner Benge P.A. Blog
by Beeman Heifner Benge P.A.
1y ago
For ordinary drivers, truck crashes are perhaps the most terrifying and overwhelming of auto accidents. According to the 2020 data from the Federal Motor Carrier Safety Administration (FMCSA), 83 percent of those killed in large truck accidents were not the ones in the truck. In Indiana alone, there were 157 deaths due to large truck or bus crashes that year. If you have been through an accident involving a truck or another commercial motor vehicle (CMV), you may want to know how to stop the driver from causing another crash like yours. The federal government and the state of Indiana both take ..read more
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