Once Someone Has Been Arrested, What Are the Possible Penalties?
Once someone has been arrested, they often experience a period of shock and disbelief. This initial reaction quickly turns into fear and concern about the potential penalties for the crime they are facing. It’s important to understand the possible consequences so you can make an informed decision about how to proceed. If you or someone you know has recently been charged with a crime, contact the experienced criminal defense attorneys at Banks & Brower, LLC to help you navigate your case.
Penalties for Misdemeanors
First, let’s take a look at the potential penalties for misdemeanors. One key distinction between misdemeanors and felonies is that any executed time for a misdemeanor is served in the county jail, rather than in state prison.
- Class C Misdemeanor: This carries a possible sentence of 0 to 60 days in jail, along with a maximum fine of $500. An example of a Class C misdemeanor is minor in possession of alcohol.
- Class B Misdemeanor: This carries a penalty ranging from 0 to 180 days in jail, with a maximum fine of $1,000. A commonly charged Class B misdemeanor is public intoxication.
- Class A Misdemeanor: This carries a penalty of 0 to 365 days in jail and a maximum fine of $5,000. Examples include possession of marijuana or operating a vehicle while intoxicated, endangering others.
While the penalties for misdemeanors might seem severe, it’s important to understand that, in many cases, alternative punishments such as diversion programs or probation may be available. If you want more information on how these programs can impact your case, check out our penalties for misdemeanors page.
Felony Penalties
Next, let’s look at felonies, which carry significantly more severe penalties. Felonies are classified into levels based on the seriousness of the offense.
- Level 6 Felony: The advisory sentence for a Level 6 felony is 1 year in prison, with the possibility of adding 1 ½ years or subtracting 6 months. This makes the range for a Level 6 felony from 180 days to 2 ½ years. Common examples include theft.
- Level 5 Felony: The advisory sentence for a Level 5 felony is 3 years, with the possibility of adding or subtracting up to 2 years. This gives a range from 1 to 6 years in prison. Battery resulting in serious bodily injury is a common Level 5 felony.
- Level 4 Felony: A Level 4 felony carries an advisory sentence of 6 years, with the possibility of adding or subtracting up to 6 years. The sentence can range from 2 to 12 years in prison. Residential burglary is an example of a Level 4 felony.
- Level 3 Felony: The advisory sentence is 9 years, with the possibility of adding 7 years or subtracting 6 years. The sentence range is 3 to 16 years in prison. Aggravated battery is an example of a Level 3 felony.
- Level 2 Felony: A Level 2 felony carries an advisory sentence of 17 ½ years, with the possibility of adding or subtracting up to 12 ½ years. The range is 10 to 30 years in prison. Voluntary manslaughter is a Level 2 felony.
- Level 1 Felony: A Level 1 felony carries an advisory sentence of 30 years, with the possibility of adding or subtracting up to 10 years. The range is 20 to 40 years in prison. Attempted murder is an example of a Level 1 felony.
- Murder: Murder is the most serious crime and carries an advisory sentence of 55 years, with the possibility of adding or subtracting up to 10 years. The sentencing range for murder is 45 to 65 years in prison, with a $10,000 fine.
If you’re facing a felony charge, it is essential to understand the different types of felonies and how they can affect your future. The sentencing options for felonies can vary greatly, so it’s important to consult with an attorney who can explain how the penalties apply to your specific situation.
Factors Affecting Sentencing
There are several factors that determine where your sentence will fall within these ranges. Additionally, there are felony sentencing enhancements that could add significant time to your sentence. In extreme cases, life without parole or even the death penalty may apply. If you are facing a serious criminal charge, it is crucial to understand the maximum exposure you face in terms of sentencing. This will allow you to make an informed decision about your next steps.
If you are facing criminal charges, contact the Indianapolis Criminal Defense Attorneys at Banks & Brower, LLC for assistance. We are available 24 hours a day, 7 days a week to provide you with the legal help you need. Call us at 317-870-0019 for a consultation.
