Criminal Law FAQs

The Indiana Code involves six classes of felonies, with Level 1 being the most severe and Level 6 being the least. There are also three classes of misdemeanors. There is a range of fines and sentences for each level of offense. Every felony has an advisory sentence.

The court uses the sentencing guideline but is not required to do so, meaning a judge can use the advisory sentence as a starting point and add more or less time depending on aggravating or mitigating circumstances. Sentencing ranges are generally as follows:

• Murder — Sentencing range of 45–65 years, with an advisory sentence of 55 years and a fine range of $0–$10,000.
• Level 1 Felony — Sentencing range of 20–40 years, with an advisory sentence of 30 years and a fine range of $0–$10,000.
• Level 2 Felony — Sentencing range of 10–30 years, with an advisory sentence of 17.5 years and a fine range of $0–$10,000.
• Level 3 Felony — Sentencing range of 3–16 years, with an advisory sentence of 9 years and a fine range of $0–$10,000.
• Level 4 Felony — Sentencing range of 1–12 years, with an advisory sentence of 6 years and a fine range of $0–$10,000.
• Level 5 Felony — Sentencing range of 1–6 years, with an advisory sentence of 3 years and a fine range of $0–$10,000.
• Level 6 Felony — Sentencing range of 6 months–2.5 years, with an advisory sentence of 1 year and a fine range of $0–$10,000.
• Class A Misdemeanor — Sentencing range of 0-365 days and a fine range of $0–$5,000.
• Class B Misdemeanor — Sentencing range of 0–180 days and a fine range of $0–$1,000.
• Class C Misdemeanor — Sentencing range of 0-60 days and a fine range of $0–$500.

Murder involves the possibility of the death penalty or life without parole.

In Indiana, prosecutors generally have up to two years to file misdemeanor cases and five years for felony cases. Murder, Level 1 Felonies, and Level 2 Felonies have no statute of limitations.

Yes, a person who does not have the money to afford an attorney can be appointed a public defender by the court, but you also get what you pay for. A public defender will presumably have hundreds of cases they are handling at the same time, which means that they will rarely be able to discuss your case with you at any great length and will be less motivated to negotiate for more lenient sentences.

Any person arrested for operating a vehicle while intoxicated (OWI) in Indiana will want to understand how the state’s washout period works, which simply refers to the time that an OWI arrest remains on a criminal record when there is a subsequent OWI arrest. When you beat a case, you have to wait one year from the date of your arrest. 

In the case of a conviction for a misdemeanor OWI offense, you have to wait five years from the date of your conviction. In the case of a conviction for a Level 5 Felony or higher, it will be 10 years that you have to wait.