Indiana Level 5 Felonies

In Indiana, Level 5 felonies are among the most serious charges within the state’s classification and penalization. Possible results include imprisonment, large fines, and an additional lifelong criminal record. Offenses could be fraud, theft, or drug-related. With Banks & Brower, we understand the complications within Indiana’s legal system. We are here to assist you with knowledgeable, well-educated defense methods.

Potential Imprisonment for Indiana Level 5 Felonies

How many years is the imprisonment for a Level 5 felony in Indiana? According to Indiana Code §35-50-2-6, one convicted of a Level 5 felony has a sentencing range of 1 to 6 years, with an advisory sentence of 3 years. The duration will depend on various factors such as the seriousness of the offense, the criminal history of the defendant, and mitigating factors. For validation, these sentencing guidelines are provided by the Indiana Courts Sentencing Guidelines.

Potential Fine for Indiana Level 5 Felonies

What is the maximum fine for a Level 5 felony in Indiana? Besides imprisonment, a person found guilty of a Level 5 felony may be ordered to pay a fine of up to $10,000. Fines are at the discretion of the court and are usually influenced by factors such as victims’ restitution or the financial impact of the crime. 

Examples of Indiana Level 5 Felonies

Level 5 felonies cover a vast range of serious crimes in Indiana law, from violent to non-violent. Examples of general felonies at this level include the following:

• Fraud or Embezzlement: These crimes represent fraudulence in dealings related to money or property, like obtaining money or other property by false pretenses. Cases generally involve the misuse of corporate funds or grand theft schemes.
• Drug Trafficking or Possession: In this category, Level 5 felonies include transportation of large amounts of controlled substances or being found in possession of such substances with quantities showing an intent to distribute. 
• Theft or Property Damage: Offenses in this category refer to stolen goods or property destroyed with values between $50,000 and $100,000. This may involve charges resulting from commercial theft or great vandalism.
• Battery Resulting in Serious Bodily Injury: This is when physical injury to another human being results in permanent or significant injury to show the violent nature of the offense.
• Nonsupport of a Dependent Child: One can be charged for a felony for nonsupport of a dependent child inadequately under Indiana Code §35-50-2-6 if one has failed to do so over a long period or seriously.

These are just a few examples of the types of offenses that can be considered Level 5 felonies. Each category of charge has different legal ramifications, and to properly defend against them, one needs a keen knowledge of Indiana’s legal code. 

What to Do if You Are Charged with Indiana Level 5 Felonies

How should you go about responding to a Level 5 felony charge in Indiana? The very first thing and most important thing to do is to consult a well-practiced criminal defense attorney. It is very overwhelming to be faced with a felony charge, but often knowing what to do significantly affects the results one experiences in court. At Banks & Brower, we would suggest doing the following:

• Protecting Your Rights: Understanding that you have been charged with a Level 5 felony, the protection of your constitutional rights is paramount. Avoid speaking with police officers or any investigators without having your legal representation present. Anything you say can be used against you, and it is always advisable to remain silent until you have consulted an attorney.
• Evidence Preservation: Collect and protect all your evidence that may help in your case. This includes documents, text messages, emails, or physical items that may be used in your defense. Also, be on the lookout for any witnesses whose statements can help strengthen your case.
• Legal Defense Evaluation: Your lawyer will assess the case details and, based on the merits, decide on an appropriate line of defense. It may range from a complete challenge of the evidence against you, plea bargaining with reduced charges, to pointing out mitigating factors that may lower your sentence. The knowledge of the specific situation at hand will direct the type of defense.
• Acting Promptly: Time is of the essence when defending against felony charges. Prompt action allows your attorney to investigate the case thoroughly, gather critical evidence, and develop a strong defense strategy. Delays can weaken your position and limit your options.

A criminal charge is a serious issue, but you do not have to go through the process alone. 

Contact Banks & Brower for Expert Criminal Defense

Contact Banks & Brower today. Our Indianapolis-based team has the experience and dedication to fight for your rights. Call us now to schedule a consultation and take the first step toward securing your defense.