Indianapolis Criminal Defense and Family Law

A lawyer who truly listens, understands, and gets results.

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Be Heard

Be Understood

Find Resolution

Finding the right lawyer can feel overwhelming.

What seems like a simple Google search for a criminal defense or family law attorney can quickly become overwhelming with the unending list of options. This leaves you feeling overwhelmed and lost. Who do you choose? How do you know you will get the attention you deserve?

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At The Law Offices of Gabriel Berry, we treat you like a long-term partner, not just a case to be closed.

You matter. Plain and simple. You deserve a lawyer who treats you that way.

Be Heard

We believe you matter. So, we take the time to truly listen to your questions and needs.

Be Understood

We work to understand every aspect of your situation. Not just as it relates to the law, but to your life as well.

Find Resolution

Because we listen and understand, we’re best positioned to help you achieve the outcome you deserve.

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A few words from our clients

I hired Mr. Berry and from the beginning, he was quick to respond and attentive to the details of my case. He is very knowledgeable and professional, yet personable, so I knew I was in good hands and was being represented well. He helped me get the results I wanted from my case, so I am VERY happy after hiring him!

Sara – Client

Gabriel Berry was reliable, trustworthy and delivered a quick turnaround to all my questions. Additionally, I was pleased with his thoroughness and offering solutions to pursue the matter in question.

Renee – Client

I was connected with Mr. Berry to petition for the expungement of a felony from my record here in Indiana. He gave a good overview of the process, timeline, and expectations for the petition. The paperwork was handled quickly and the petition was successful! I was very pleased with the turnaround time and would definitely recommend Mr. Berry for expungement petitions!

Todd – Client

We are thankful for the kind words of clients we have worked hard to serve, however, past results do not guarantee future results. We will work hard to achieve the best outcome possible in your case.

Find relief knowing your legal matter is in reliable hands.

Here’s how it works:

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1. Free Consultation

We take the time to understand your situation and answer all your questions.

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2. Prepare and Negotiate

Our legal team will prepare your case and negotiate the outcomes you deserve.

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3. See Results

Get the best resolution possible for your case and a clear understanding of how to move forward.

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Hire a lawyer who will be there for you long after your case is resolved.

No one wants to have to hire a lawyer. If you’re hiring a lawyer, it’s likely something in your life has taken an unplanned turn. When that happens, you want a lawyer who truly listens to you, understands what you’re going through, and can resolve your issue. The problem is, there are so many lawyers out there you don’t know where to start. That leaves you feeling lost.

It’s ok to feel a bit lost. That’s normal. At The Law Offices of Gabriel Berry, we believe you are more than just a client to us. We view ourselves as your long-term partner who is with you during and after your case resolves, because you matter.

Whether you’re facing criminal charges or a family law matter, here is how we work for you.

First, call now for a free consultation. We’ll take the time to understand your situation and answer all of your pressing questions.
Second, our legal team will prepare your case and negotiate the outcomes you deserve.
Finally, you’ll see the best resolution possible in your case and have a clear understanding of how to move forward.

So, call today and talk to a member of our team and have peace of mind knowing you’ve made the best decisions for your situation.

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Practice Areas We Support

At The Law Offices of Gabriel Berry, we focus our practice mainly on Criminal Defense and Family Law. Here are a few common legal services we provide.If you don’t see what you’re looking for, call and talk to us!

Criminal Defense

If you have been charged with a crime, you need an experienced Criminal Defense attorney to investigate your case, determine the facts, and negotiate outcomes with prosecutors which might include, reduced sentence, reduced bail, or reduced charges.

Need a criminal defense lawyer? Learn more here.

Felonies

In the state of Indiana, a felony is any crime that carries a sentence of over one year in prison. Felonies are categorized into six levels. Felonies carry the following potential sentences by level:

Level One Felony

20-40 years in prison and up to a $10,000 fine. An example of a level one felony offense is aggravated rape.

Level Two Felony

10-30 years in prison and up to a $10,000 fine. An example of a level two felony offense is voluntary manslaughter.

Level Three Felony

3-16 years in prison and up to a $10,000 fine. An example of a level three felony offense is aggravated battery that causes injury to another.

Level Four Felony

2-12 years in prison and up to a $10,000 fine. An example of a level four felony offense is arson.

Level Five Felony

1-6 years in prison and up to a $10,000 fine. An example of a level five felony offense is involuntary manslaughter.

Level Six Felony

6 months to 2.5 years in prison and up to a $10,000 fine. An example of a level six felony offense is vehicle theft.

Misdemeanors

In Indiana, misdemeanors are crimes that carry up to a year in prison and are classified into three classes:

A Misdemeanor

The most serious class of misdemeanor in Indiana, it carries a sentence of up to a year in prison and as much as a $5,000 fine. An example of a class A misdemeanor in Indiana is the possession of up to 30 grams of marijuana.

B Misdemeanor

Punishable by up to 180 days in jail and a $1,000 fine. An example of a class A misdemeanor in Indiana is public intoxication.

C Misdemeanor

The lowest class of misdemeanor in Indiana, it carries up to 60 days in jail and up to $500 fine. An example of a class C misdemeanor in Indiana is a person's first DUI with a blood alcohol level of between .08 and .15

Expungements

Depending on your conviction, you must wait between 5 and 8 years before filing to expunge your criminal record. Offenses that cannot be expunged include sex offenders, violent offenders, those convicted of official misconduct, homicide offenses, human and sexual trafficking offenses, or sex crimes.

OWI / DUI

In Indiana, you can be charged with a DUI (driving under the influence), also known as OWI (operating while intoxicated), if you were operating a vehicle with a blood-alcohol level of at or greater than .08.

Family Law

As a family law attorney, we help with many different types of law related to you and your family. Practice areas under family law might include divorce, child support, amicable couple agreements, modifications, mediation representation, estate planning, wills and trusts, custody, and much more.

Learn more about our Family Law practice here.

Contested Divorce

While many divorces might be handled utilizing out-of-court agreements, a contested divorce becomes necessary when the parties' relationship has deteriorated to the point where you cannot work together.

A contested divorce will often include mediation by an independent third party and even motions for discovery to compel the other party to disclose personal assets.

Amicable Couple Agreements

This can be a way of avoiding extensive court hearings, and large personal expenses. A dissolution agreement is a document that contains all of the issues that a couple in the process of getting a divorce has agreed to. After being approved by the court the agreement becomes enforceable, and either of the parties can be held in contempt for not following the terms of the agreement.

Modifications

Situations change, and modification is a way to update your current child support or parenting time schedule based on who you are now.

Mediation Representation

Mediation is a way to both help alleviate the court’s calendar, and give two parties the opportunity to try to come to an agreement regarding the issues they have.

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The Gabriel Berry Promise

When working with our team, you can expect us to:

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Communicate promptly

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Treat you with respect

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Truly listen to what you need

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Make you part of our team

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Actively seek your input and approval

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Maintain complete confidentiality

Frequently Asked Questions

Answers to a few common questions we hear from our clients.

Is a public defender better than a criminal defense lawyer?

It all comes down to time and resources. The largest difference between public defenders and private is the amount of personal attention your case will receive. A private attorney is going to be able to devote more time to your case than a public defender. A Public defender could have dozens of clients to service at a time, while your case is our only focus. It’s also can be difficult to get in contact with your public defender when you have a question or wish to get an update, while a private attorney is more readily available. 

I was arrested for a DUI, am I going to lose my license?

Here in Indiana, there are two types of suspension in Indiana when it comes to DUIs those being administrative suspensions and court-ordered suspensions.

If you take and fail a certified chemical test, the BMV will administratively suspend your license for at least 180 days.

If you refuse to take a chemical test, after being read your Indiana Implied Consent rights, the BMV will suspend your license for one year. However, if you have a prior DUI conviction and refuse a chemical test, the BMW will suspend your license for two years.

The second type of suspension comes from a court order. The amount of time the court can suspend your license depends on the maximum amount of incarceration allotted for an offense. For example, a Class A Misdemeanor’s maximum amount of incarceration 365 days, so you can see a suspension of 365 days.

Also, the Court can date your suspension to the date your license was originally suspended by the BMV. That means that in some cases, you could see your license returned to you after a dismissal, guilty plea, or trial depending on the length of the Court ordered suspension.

If you have previous convictions for a DUI will also increase the amount of time your license is suspended.

Why should I hire a defense lawyer?

Hiring a criminal defense lawyer is a big decision, and some may ask “What does a criminal law attorney even do? There are many reasons why an individual who has seen criminal charges brought against them should hire an experienced criminal defense attorney. While many people attempt to face the courts on their own, or with a public defender, a private criminal attorney can help you traverse the process, lessen penalties, and avoid unseen consequences of navigating the court system alone. There are many reasons to hire an attorney. Here are the most pertinent:

Thoroughly review the charges against you.
File reasonable motions on your behalf correctly.
Depose those who are accusing you if necessary.
Negotiate with the State on your behalf.
Represent you at trial with confidence.

I was convicted of a crime in Indiana, can I expunge my record?

Many times, the answer is absolutely! Records contained within an individual’s criminal history file may be expunged under Indiana law once in a person’s lifetime, so planning is everything. Misdemeanors. Felonies, Pretrial Diversions, and even cases in which you were arrested, but either no charges were filed, or the case against you was dismissed are all eligible.

What do I do if my spouse refuses to get a divorce?

It’s hard when a spouse refuses to cooperate in a petition for divorce, but with the right help, you can still move forward without them. It’s important to ask why they are refusing to cooperate, as the answer can help steer your attorney in the right direction. If you cannot find your spouse, and you have made a sufficient effort to find them, you can ask the court to allow you to notify your spouse of the divorce “by publication.” After you have correctly done this, you can petition the court to allow the divorce to continue.

How do I modify my child support payments in Indiana?

Modifications existing child support order is possible under one of two scenarios: If the parties agree to a modification, then an agreement is drafted and filed with the court. If the parties don’t agree then you will need to turn to the court. The process of modification is based on many factors, and in some cases, you will need to show that there has been a substantial change in your circumstances. The collection of documentation is an essential part of this process as well. An experienced family law attorney will know how to assess both your eligibility and chances for success.

What are the legal grounds for obtaining a divorce in Indiana?

The state of Indiana recognizes both fault-based and no-fault grounds for divorce. Most divorces are of a no-fault nature. According to Indiana Code, reasons for a fault-based divorce include incurable insanity of either party for at least two years, impotence existing at the time of the marriage, and the conviction of either of the parties of a felony.

How does a court decided how assets are divided after a divorce?

Indiana Code Section 31-15-7-5, requires that the court divide all marital property in half, awarding fifty percent to each spouse under the presumption of equal division. There are, however, cases in which the court will distribute property unequally.

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