Felony and Misdemeanor Defense in Indiana

How Indiana Classifies Offenses

 

Indiana divides felonies into six levels, with Level 1 the most serious and Level 6 the least, and murder in a category of its own. Misdemeanors come in three classes, A through C. Each level and class carries a sentencing range set by statute, and for felonies, an advisory sentence inside that range that the court uses as its starting point.

 

The same conduct can be charged at different levels depending on the facts the State alleges — the amount involved, whether anyone was hurt, whether a weapon was present, who the alleged victim was, and your prior record. The charging decision is the prosecutor's, and it is not final. Reducing the level is often the most important thing that happens in a case.

 

 

 

What the Sentencing Range Actually Means

 

A Level 6 felony carries six months to two and a half years, with an advisory sentence of one year. That does not mean a Level 6 conviction means a year in prison. Much of a sentence can be suspended to probation, served on community corrections or home detention, or structured in other ways the statute allows. The court moves off the advisory sentence based on aggravating and mitigating circumstances, and those are argued, not assumed.

 

Sentencing is a hearing, with evidence and advocacy. Clients sometimes treat it as the formality after the real case is over. It is frequently where the most years are won or lost.

 

 

 

Level 6 Felonies and the Misdemeanor Alternative

 

Indiana law lets a court enter a Level 6 felony conviction as a Class A misdemeanor instead, under IC 35-50-2-7, and a person already sentenced for a Level 6 can later petition for the same conversion. A related provision, IC 35‑38‑1‑1.5, allows the conversion by agreement with the prosecutor at the time of the plea.

 

Both are limited to certain circumstances and barred in others, and whether you qualify depends on the offense and your history. For someone facing a first felony, this can be a particularly valuable outcome when available, because a misdemeanor record and a felony record can have different consequences for employment, housing, firearms, and professional licensing.

 

 

 

Misdemeanors Are Not Minor

 

A Class A misdemeanor carries up to a year in jail and a $5,000 fine. A conviction can have lasting consequences for your record, employment, licensing, and other rights. Some convictions may later qualify for expungement. Depending on the offense, a misdemeanor can also affect firearm rights and immigration status.

 

People plead to misdemeanors quickly because the offer sounds small and they want the case over. Sometimes that is the right decision. It is only the right decision if someone has looked at the evidence first and told you what you are giving up.

 

 

 

How a Case Moves

 

An initial hearing where the charges are read and conditions of release are set. Discovery, where the State turns over its evidence. Motions — to suppress evidence from an unlawful search or an improper interrogation, to dismiss charges the State cannot support, to exclude what should not come in at trial. Then negotiation, and if negotiation does not produce an acceptable result, trial.

 

Most cases resolve before trial. The ones that resolve well are the ones where the other side knew you were prepared to try it.

 

 

 

Before You Speak With Anyone Else

 

Call before you talk to anyone else. The most damaging thing in most criminal cases is a statement the client gave voluntarily, believing cooperation would help. You have the right to remain silent and the right to counsel, and using them is not an admission of anything.

 

The ranges in the sidebar are for offenses committed on or after July 1, 2014, when Indiana moved to the current level system. Older cases are governed by the prior class system, and the numbers differ.

 

 

 

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