Indiana Criminal Penalties

Indiana Criminal Penalties

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

Indiana Felony Penalties

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

Level 6 Felony

The lowest level felony under Indiana criminal law. Indiana Code 35-50-2-7(b) defines the possible sentence 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 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 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 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 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 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).

Indiana Misdemeanor Penalties

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.