A Quick Look at Habitual Offender & Habitual Vehicular Offender Enhancements

General Habitual Offenders (IC 35-50-2-8)

  1. Convicted of: Murder, Level 1, Level 2, Level 3, and Level 4 Felonies
    1. Habitual Eligible If:
      1. (1) Defendant has two prior unrelated felonies, AND
      2. (2) At least one prior is not a Level 6 or D-Felony
    2. Sentencing Range: 6-20 years
  2. Convicted of: Level 5 Felony
    1. Habitual Eligible If:
      1. Defendant has two prior unrelated felonies,
      2. At least one prior is not a Level 6 or D-Felony
      3. Defendant has a prior Level 5, Level 6, C-Felony, or D-Felony, AND
      4. Not more than 10 years have passed since the person was released from imprisonment, probation, or parole (whichever is latest) for at least one of the two prior felonies
    2. Sentencing Range: 2-6 years
  1. Convicted of: Any felony
    1. Habitual Eligible If:
      1. Defendant has been convicted of three prior unrelated felonies (any level)
      2. Defendant has a prior Level 5, Level 6, C-Felony, or D-Felony, AND
      3. Not more than 10 years have passed since the person was released from imprisonment, probation, or parole (whichever is latest) for at least one of the two prior felonies
    2. Sentencing Range:
      1. Level 4, 3, 2, 1 & Murder: 6-20 years
      2. Level 5 & 6: 2-6 years

** Prior convictions that are set aside or pardoned do not count **


Habitual Vehicular Substance Offenders (IC 9-30-15.5)

  1. Convicted of: Misdemeanor or Felony Operating a Vehicle While Intoxicated or similar offense
    1. Habitual Eligible If:
      1. Two Priors:
        1. Defendant has two prior unrelated vehicular substance related offenses, AND
        2. At least one prior was within 10 years
      2. Three Priors:
        1. Defendant has three prior unrelated vehicular substance related offenses
      3. Sentencing Range: 1-8 years

** Prior convictions that are set aside or pardoned do not count **