In the state of Indiana, when someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is commonly known as a traffic ticket, such as a speeding violation. These are civil matters, meaning they do not carry the potential for imprisonment, but instead typically involve paying a fine. A felony charge, on the other hand, is criminal in nature and carries a potential penalty of more than one year of incarceration, either in prison or jail. A misdemeanor charge is also criminal but generally carries less severe consequences, with penalties that do not exceed one year in jail.
It’s important to note that while a charge may be labeled as a felony or misdemeanor, it doesn’t always mean the defendant will end up serving time in jail or prison. In some cases, individuals may be eligible for alternative sentencing, such as Work Release or Home Detention, which can prevent incarceration. If you are facing criminal charges, it is important to understand the penalties you might be facing and how they could apply to your case.
If you or somebody you know has recently been charged with a crime or has questions about their case, contact the experienced criminal defense attorneys at Banks & Brower, LLC.
Felony Penalties in Indiana
In Indiana, felonies are categorized into levels based on the seriousness of the offense. Below is an overview of the potential penalties for felony charges:
| Offense Level | Minimum Sentence | Advisory Sentence | Maximum Sentence | Possible Fine |
|---|---|---|---|---|
| Murder | 45 years | 55 years | 65 years | $10,000 |
| Level 1 | 20 years | 30 years | 40 years or 50 years for some child molest cases | $10,000 |
| Level 2 | 10 years | 17 ½ years | 30 years | $10,000 |
| Level 3 | 3 years | 9 years | 16 years | $10,000 |
| Level 4 | 2 years | 6 years | 12 years | $10,000 |
| Level 5 | 1 year | 3 years | 6 years | $10,000 |
| Level 6 | 180 days | 1 year | 2 ½ years | $10,000 |
While the sentencing ranges are serious, Indiana law does allow for some flexibility. In many cases, the court may choose to suspend part of the sentence, particularly for less severe offenses like a Level 6 felony, or if the defendant meets certain criteria. In some situations, the court may even convert a Level 6 felony conviction to a Class A Misdemeanor. To get more details on how these options might apply to your case, we recommend reviewing our penalties for misdemeanors page.
Misdemeanor Penalties in Indiana
Misdemeanors carry significantly lighter penalties compared to felonies. Below is a breakdown of the penalties associated with misdemeanor charges:
| Offense Level | Minimum Sentence | Advisory Sentence | Maximum Sentence | Possible Fine |
|---|---|---|---|---|
| Class A | 0 days | None | 365 days | $5,000 |
| Class B | 0 days | None | 180 days | $1,000 |
| Class C | 0 days | None | 60 days | $500 |
While misdemeanors carry lower penalties, they can still result in jail time under certain circumstances, although this would be served in the county jail. In many cases, however, penalties can be suspended or converted to probation with conditions such as fines, community service, or counseling.
If you’re facing a misdemeanor charge, it is critical to understand how the court may treat your case. Many individuals find that the possibility of alternative sentencing or even probation is a viable option, especially for first-time offenders.
The Importance of Legal Representation
Understanding the potential consequences of your charges is essential in making informed decisions about your case. The best way to fully understand the legal options available to you is by consulting with an experienced criminal defense attorney. If you’re unsure about your situation or how the laws apply to your case, reach out to a lawyer who can provide clarity and guidance. For a comprehensive overview of questions to ask when hiring a criminal defense attorney, be sure to check out our Top 10 Questions to Ask When Hiring a Criminal Defense Attorney guide.
If you or someone you know has recently been charged with a crime or has questions about their case, contact the experienced criminal defense attorneys at Banks & Brower, LLC. We are available 24/7 and can be reached at 317-870-0019 or by emailing info@banksbrower.com for a consultation.