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Criminal Penalties in Indiana

Indiana law provides for two levels of crime each with different penalties, misdemeanors (lower level crimes) and felonies (higher level crimes).

Indiana Criminal Penalties

Misdemeanor Penalties

I’ve been charged with a misdemeanor, will I go to jail for a misdemeanor, will I get probation for a misdemeanor, I’ve been arrested for a misdemeanor what happens next, what kinds of penalties do I face for a misdemeanor, and what is the maximum penalty for a misdemeanor. As a criminal attorney in Indianapolis, my office is asked these are the types of questions on a regular basis.

First of all let me explain the main distinction between a felony and a misdemeanor. In Indiana executed time for a felony is served at a state prison, whereas time served for misdemeanors in Indiana takes place at the local county jail. Indiana has three levels of misdemeanors. Let’s examine some of the differences.

Class C misdemeanor

The lowest level misdemeanor under Indiana law. Indiana Code 35-50-3-4 defines the possible sentence for Class “C” misdemeanor as 0 to 60 days in jail with a maximum fine of $500.00.

Class B misdemeanor

The mid-level misdemeanor under Indiana law. Indiana Code 35-50-3-3 defines the possible sentence for Class “B” misdemeanor as 0 to 180 days in jail with a maximum fine of $1,000.00.

Class A misdemeanor

The highest level (most serious) misdemeanor under Indiana law. Indiana Code 35-50-3-2 defines the possible sentence for Class “A” misdemeanor as 0 to 365 days in jail with a maximum fine of $5,000.00.

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Indiana Felony Penalties

Just like the questions my office receives about misdemeanors, we also get a lot of questions about felony charges. I’ve been charged with a felony, will I go to jail for a felony, will I get probation for a felony, I’ve been arrested for a felony what happens next, what kinds of penalties do I face for a felony, and what is the maximum penalty for a felony are just a few we regularly hear.

Felony charges are more serious than misdemeanors and so are the possible consequences for a felony conviction. In July 2014, Indiana felony changed to a six levels. As the levels increase so do the potential penalties.

Level 6 Felony

The lowest level (least serious) felony under Indiana criminal law. Indiana Code 35-50-2-7(b) defines the possible sentence for Level 6 felony as between six months to two years and one-half (2 1/2 ) years, in the Indiana Department of Corrections, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Level 5 Felony

A Level 5 Felony is the next level felony under Indiana criminal law. Indiana Code 35-50-2-7(b) defines the possible sentence for Level 5 felony as between one (1) and six (6) years, in the Indiana Department of Corrections, with the advisory sentence being three (3) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Level 4 Felony

A Level 4 Felony is the next level felony under Indiana criminal law. Indiana Code 35-50-2-5.5 defines the possible sentence for Level 4 felony as between two (2) and twelve (12) years, in the Indiana Department of Corrections, with the advisory sentence being six (6) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Level 3 Felony

A Level 3 Felony the next level felony under Indiana criminal law. Indiana Code 35-50-2-5(b) defines the possible sentence for Level 3 felony as between three (3) and sixteen (16) years, in the Indiana Department of Corrections, with the advisory sentence being nine (9) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Level 2 Felony

A Level 2 Felony the next level felony under Indiana criminal law. Indiana Code 35-50-2-4.5 defines the possible sentence for Level 2 felony as between ten (10) and thirty (30) years, in the Indiana Department of Corrections, with the advisory sentence being seventeen and one-half (17.5) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Level 1 Felony

A Level 1 Felony is the next level felony under Indiana criminal law. Indiana Code 35-50-2-4 defines the possible sentence for Level 1 felony as between twenty (20) and forty (40) years, in the Indiana Department of Corrections, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Murder

Murder is the most serious felony under Indiana criminal law. Indiana Code 35-50-2-3 defines the possible sentence for felony murder as between forty-five (45) and sixty-five (65) years, in the Indiana Department of Corrections, with the advisory sentence being fifty-five (55) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

How much time will I do? Well, that depends. Have you been convicted before? Have you been convicted of the same crime? Is this the first criminal charge you are facing? These are called mitigating and aggravating factors and together with the particulars of your case they will affect what kind of sentence, if convicted, you will face. Call today to speak with one of our attorneys and learn more about your options.

Hiring a Criminal Defense Lawyer

Former Judge of the Whitestown Town Court, Attorney Emerson explains what to look for when considering a criminal defense attorney.

Criminal Penalties in Indiana

From Felonies to Misdemeanors we will explain the possible legal consequences associated with each criminal charge.

How an Attorney Can Help

The State must prove it's case beyond a reasonable doubt.  Your attorney's job is to challenge the State's evidence.  Learn how an attorney can help with the use of Subpoena's and Depositions.

Testimonials

Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney

 

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Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000

Email: Info@CallJR.com

Our Services

Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.