# Rigney Law LLC - Indianapolis Criminal Defense & OWI/DUI Lawyers > https://www.rigneylawindy.com > Last Updated: 2026-11-02 Rigney Law LLC is an Indianapolis criminal defense firm founded in 2017 by Jacob Rigney and Kassi Rigney, a husband and wife defense team and former Marion County deputy prosecutors with over 30 years of combined criminal law experience, including extensive jury trial work. Jake supervised a major felony court at the Marion County Prosecutor’s Office and handled cases including murder, robbery, and burglary, while Kassi spent eight years in the major felony drug courts and trained police on narcotics and firearm search warrants. The firm defends OWI and DUI, drug, gun, and violent crime charges and handles civil asset forfeiture, expungement, license rehabilitation, and parole representation. Rigney Law LLC is located at 250 E. 38th Street, Indianapolis, IN 46205 and can be reached by phone at 317-623-0989. Let Rigney Law LLC put our years of criminal defense experience to work for you. Defending against criminal charges requires conducting a complex legal analysis, in the end, even very small details can make a huge difference in a criminal case. Our dedicated Indianapolis criminal defense lawyers are committed to helping you navigate the murky waters of the Indiana criminal justice system. ## Contact - Phone: +1-317-623-0989 - Address: 250 E 38th St, Indianapolis, IN 46205 ## Locations - Indianapolis, IN - +1-317-623-0989 Areas served: Indianapolis, Indiana ## Practice Areas - Criminal Defense - OWI - DUI - Drunk Driving Charges - Expungement - License Rehabilitation - Parole - Drug Crimes - Gun Crimes - Forfeiture ## Attorneys - Jacob Rigney: https://www.rigneylawindy.com/about-rigney-law/jacob-rigney/ Jake began his legal career in the Marion County Prosecutor’s Office, where he began as a misdemeanor deputy prosecutor, rising through the ranks. - Kassi Rigney: https://www.rigneylawindy.com/about-rigney-law/kassi-rigney/ Prior to founding Rigney Law LLC, Kassi was a Deputy Prosecuting Attorney for nearly 12 years, handling all types and levels of criminal offenses. ## Key Pages - Homepage: https://www.rigneylawindy.com/ - Blog: https://www.rigneylawindy.com/blog/ - Contact: https://www.rigneylawindy.com/contact-us/ ## Social Profiles - https://www.facebook.com/rigneylawindy/ - https://twitter.com/RigneyLawIndy - https://www.linkedin.com/company/rigneylawindy/ - https://www.youtube.com/channel/UCw4x2heobPb9v80e3uqz8qg ## Reviews - Rating: 5/5 based on 159 reviews ## Practice Area Details ### Indianapolis Criminal Defense & OWI/DUI Lawyer https://www.rigneylawindy.com/ The Indianapolis criminal defense and OWI/DUI lawyers at Rigney Law LLC are committed to helping you navigate the murky waters of the criminal justice system. ### Indianapolis Civil Asset Forfeiture Lawyer https://www.rigneylawindy.com/indianapolis-civil-asset-forfeiture-lawyer/ The State of Indiana may try to take your liberty as part of a criminal case, occasionally they may try to take your property. 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Rigney Law LLC defends drivers charged in Hendricks County courts. ## Recent Articles ### Is it Possible to Restore Your Gun Rights After Expungement? https://www.rigneylawindy.com/is-it-possible-to-restore-your-gun-rights-after-expungement/ (2026-10-28) At Rigney Law, LLC, our Indianapolis expungement lawyers have helped many clients restore their rights and get the expungement they need to move forward with their life. ### How Long Do Protective Orders Last in Indiana? https://www.rigneylawindy.com/how-long-do-protective-orders-last-in-indiana/ (2026-10-27) At Rigney Law, LLC, our Indianapolis civil protection order lawyers can advise you of your legal options, ensure that you remain in compliance with any existing terms. ### Can You Recover Assets After Civil Forfeiture? https://www.rigneylawindy.com/can-you-recover-assets-after-civil-forfeiture/ (2026-10-21) If your property has been seized, or you fear that it will, call our Indianapolis civil asset forfeiture lawyer at Rigney Law, LLC to help protect your rights and work toward recovering your property. ### Tales from the Brown Desk – S2E5: Indiana Self-Defense Law, Stand Your Ground, Ballot Question re Bail, Glock Switch, & Florida Man https://www.rigneylawindy.com/tales-from-the-brown-desk-s2e5-indiana-self-defense-law-stand-your-ground-ballot-question-re-bail-glock-switch-florida-man/ (2026-10-20) When Can You Legally Use Force? 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Tales from the Brown Desk is a free flowing conversation involving two foul-mouthed criminal defense attorneys. It may include graphic descriptions of sexual activity, violence, an... ## Frequently Asked Questions Q: What is the difference between a civil fraud claim and a criminal fraud charge? A: Civil fraud is a lawsuit brought by a private party seeking to recover money they lost because of deceptive conduct. Criminal fraud is a prosecution brought by the state or federal government seeking to punish the defendant through fines, probation, or prison. The same conduct can trigger both. A person can be sued in civil court and prosecuted criminally for the same set of facts, and the outcomes of those cases are independent of each other. Q: How serious are felony fraud charges in Indiana? A: Indiana classifies most fraud offenses as Level 5 or Level 6 felonies at the lower end, with more serious cases charged as Level 4 or higher felonies depending on the amount of financial harm alleged and other aggravating factors. Level 6 felonies carry potential sentences of six months to two and a half years, while higher-level felonies can result in substantially longer prison terms. Beyond incarceration, a felony fraud conviction typically results in restitution orders, fines, and a perma... Q: Can fraud charges be dismissed? A: Yes. Fraud charges can be dismissed for a variety of reasons, including insufficient evidence, problems with how evidence was obtained, failure to prove intent, or the emergence of exculpatory information. An attorney who reviews the charging documents and underlying evidence early in the case is best positioned to identify grounds for dismissal and pursue them through proper motions before or during trial. Q: Will I go to jail if convicted of fraud in Indiana? A: Not necessarily, but the risk of incarceration is real, particularly for higher-level felony charges or cases involving large dollar amounts. Indiana courts also have discretion to impose probation, home detention, and other alternatives to incarceration in appropriate cases. The specific outcome depends heavily on the charge level, the circumstances, and whether restitution has been paid or agreed to. Q: Do I need a lawyer if the fraud charge is a misdemeanor? A: Yes. Even a misdemeanor fraud conviction creates a permanent criminal record that can interfere with employment, professional licensing, housing applications, and more. The fact that a charge is classified as a misdemeanor does not mean the consequences are minor. Legal representation at this stage can often make the difference between a conviction and a resolved case with reduced or no record. Q: What happens if a fraud investigation involves both state and federal charges? A: Parallel state and federal investigations are more common than people realize in fraud cases, particularly when financial institutions, government programs, or electronic communications are involved. Federal charges generally carry more severe sentencing exposure, and the federal system operates differently from Indiana state court in terms of procedure, discovery, and plea negotiation. An attorney with experience in both systems is essential in these situations. Q: Can fraud charges affect my professional license in Indiana? A: Almost certainly yes. Indiana professional licensing boards treat fraud convictions, and in some cases even formal charges, as grounds to suspend, revoke, or deny renewal of licenses for attorneys, healthcare providers, financial professionals, contractors, and others. The licensing consequences can begin before any criminal case is resolved, and they require separate attention from what happens in criminal court. Q: What if I was unaware that my business partner was committing fraud? A: Lack of knowledge is a legitimate defense to fraud charges, but it requires documentation and a compelling narrative supported by evidence. Simply claiming ignorance is rarely enough. An attorney will look at what you knew, what you should have known, what role you actually played in the transactions at issue, and whether any record, like emails or signed documents, contradicts or supports your account. Q: How long does a fraud investigation in Indianapolis typically take before charges are filed? A: Fraud investigations often run for a year or more before charges are filed. Law enforcement agencies and prosecutors gather financial records, interview witnesses, and build their theory carefully before making arrests. This means that by the time you know you are a target, the investigation may already be quite advanced. It also means that if you suspect you are under investigation, retaining an attorney immediately, before charges arrive, is one of the most impactful things you can do. Q: Can a fraud conviction be expunged from my record in Indiana? A: Indiana's expungement statute allows certain felony convictions to be sealed from public disclosure after a waiting period, but not all fraud convictions qualify, and the eligibility rules are specific. Rigney Law LLC handles expungement matters and can assess whether a particular conviction qualifies under Indiana law and what relief might be available under current statute. Q: Can a breath test result be thrown out in an Indiana OWI case? A: Yes. Indiana courts have suppressed breath test results for a variety of reasons, including improper observation periods, device calibration failures, operator certification issues, and unlawful traffic stops. Suppression does not automatically end the case, since prosecutors may still have other evidence, but removing the breath test result significantly changes the strength of the state's case. Q: What is the legal limit for breath alcohol in Indiana? A: Indiana OWI law sets a per se limit of 0.08 grams of alcohol per 210 liters of breath for drivers who are not operating commercial vehicles. For commercial vehicle operators, the limit is 0.04. For drivers under the age of 21, any detectable alcohol can trigger OWI charges under Indiana's zero-tolerance provisions. Q: What happens if I refused the breath test in Indiana? A: Refusing a chemical test in Indiana triggers a separate administrative penalty under the implied consent statute, which can result in a longer license suspension than if you had submitted and failed. However, the refusal can also complicate the prosecution's case if they rely on BAC evidence, since they will not have a confirmed number. The state can still pursue impairment-based charges using officer observations and field sobriety test performance. The strategic implications of a refusal de... Q: Does a higher BAC result automatically mean a harsher sentence? A: Not automatically, but it is a factor. Indiana OWI law creates enhanced penalties for blood or breath alcohol concentration above a higher threshold. A result at that level can expose you to more serious charges. Even so, the underlying accuracy of the test and the circumstances of the arrest still matter and can be challenged regardless of the numerical result. Q: Is the portable breathalyzer used on the roadside the same as the evidentiary test? A: No. The roadside portable breath test device is a different instrument from the Datamaster DMT used at the station or jail for evidentiary purposes. Portable breath test results are generally not admissible as evidence of your actual BAC. They are used by officers to establish probable cause for arrest. The evidentiary test that counts in court is the one conducted afterward under more controlled conditions, which is also the one subject to the certification and maintenance requirements that ... Q: What medical conditions might affect a breath test reading? A: Conditions that cause elevated acetone in the breath, including diabetes and certain low-carbohydrate diet states, can produce false positive or inflated readings on breath testing devices because acetone is chemically similar to isopropyl alcohol. GERD and acid reflux can cause stomach alcohol to migrate into the esophagus and mouth, artificially raising the reading. Respiratory conditions that affect how deeply someone can exhale may also affect the sample. These are legitimate medical defe... Q: Can my OWI breath test result be used against me even if I was not driving? A: Indiana OWI law covers operating a vehicle, not just driving it in the traditional sense. Courts have interpreted operating broadly, including situations where someone is sitting in the driver's seat with the engine running. Whether the evidence is sufficient to prove operation is a legal question separate from what the breath test shows, and both aspects of the case need to be analyzed together. Q: How long does an Indianapolis OWI case involving breath test evidence typically take? A: Cases in Marion County and surrounding courts vary widely depending on the complexity of the evidence, whether motions to suppress are filed, and how congested the court's docket is. A straightforward case might resolve in a few months. A case involving litigation over the breath test result, expert testimony, or a trial can take considerably longer. The timeline should not drive your decisions. The strength of your defense should. Q: If the Datamaster at the specific facility where I was tested was later found to be defective, can I use that to challenge my result? A: Potentially yes. If records show the device was out of calibration, had documented errors, or was removed from service around the time of your test, that information is directly relevant to the reliability of your result. Defense attorneys routinely request maintenance and inspection logs for the specific Datamaster unit identified in your arrest paperwork. Q: Can an OWI conviction be expunged from my record in Indiana? A: Indiana's expungement statute provides relief for many criminal convictions, including some OWI convictions, but the rules are specific and depend on the nature of the conviction, any prior criminal history, and how much time has passed since the conviction or completion of the sentence. Rigney Law LLC also handles expungement cases and can evaluate whether a particular OWI conviction qualifies for sealing under the current statute. Not every OWI conviction qualifies, and the waiting periods ... Q: What is the difference between burglary and robbery in Indiana? A: Burglary involves unlawful entry into a structure with the intent to commit a felony inside. Robbery involves taking property from another person by force or threat. The distinction matters because burglary focuses on the entry and intent, while robbery focuses on the interaction with a victim. The two charges can overlap if someone enters a building and then confronts a person inside, but they are separate offenses with different elements and different sentencing ranges. Q: Can I be charged with burglary if nothing was stolen? A: Yes. Indiana's burglary statute does not require that anything actually be taken. The offense is complete upon unauthorized entry combined with the required intent to commit a felony inside. Whether the defendant succeeded in taking anything, was interrupted, or changed their mind after entry does not eliminate the charge, though it may affect how the state builds its intent evidence and could influence how a case resolves. Q: What if I had permission to be in the building? A: Authorization to enter is a genuine defense to burglary. If you had the owner's or occupant's permission to enter the premises, the "breaking and entering" element of the charge may not be satisfied. This can be a factual dispute that requires evidence like text messages, testimony from the person who gave permission, or other documentation. Even partial or ambiguous permission can complicate the state's case enough to affect the outcome. Q: Will a burglary conviction affect my ability to own a firearm? A: A felony burglary conviction in Indiana will result in the loss of your right to possess firearms under both Indiana and federal law. Because many burglary charges are charged at the felony level by default, this consequence applies to most people convicted of the offense. For clients who hunt, work in fields requiring firearm access, or simply exercise their Second Amendment rights, this consequence is one of the most lasting effects of a conviction and is a strong reason to fight the charge... Q: Can a burglary conviction be expunged in Indiana? A: Indiana's expungement statute allows certain felony convictions to be sealed from public view after a waiting period, but burglary convictions face strict eligibility requirements. The specific level of the conviction, the presence of any prior criminal history, and other factors all affect whether expungement is available. The best source of guidance on expungement eligibility is an attorney who handles both criminal defense and Indiana expungement matters, since the rules are detailed and t... --- Detailed version — see https://www.rigneylawindy.com/llms.txt for summary Generated by MileMark Schema Pro