Indiana law defines a felony as any crime that carries a penalty of more than one year in prison. Indiana designates felonies as Level 1, 2, 3, 4, 5, or 6. Below, CCHA explores a high level view of the different levels of felony sentencing classifications for the state of Indiana, and also provides examples of each category.

Level 1 Felonies

If a person commits a Level 1 felony in Indiana, they shall be be imprisoned for a fixed term of between 20 to 40 years with the advisory sentence of 30 years and a fine of up to $10,000, a Level 1 felony in Indiana could be crimes such as attempted murder or aggravated rape (rape by deadly force or with the use of a weapon). (Ind. Code Ann. § 35-50-2-4 (2019))

Level 2 Felonies

If a person commits a Level 2 felony in Indiana, they shall be imprisoned for a fixed term of between 10 to 30 years with the advisory sentence being 17 ½ years and a fine of up to $10,000, a Level 2 felonies in Indiana could be crimes such as voluntary manslaughter or dealing methamphetamine of 10 grams or more. (Ind. Code Ann. § 35-50-2-4.5)

Level 3 Felonies

If a person commits a Level 3 felony in Indiana, they shall be imprisoned for a fixed term of 3 to 16 years with the advisory sentence being 10 years, plus a fine of up to $10,000. Aggravated battery (occurring when someone intentionally inflicts a serious injury), rape, child molestation and kidnapping are all examples of Level 3 felonies in Indiana. (Ind. Code Ann. § 35-50-2-5 (2019))

Level 4 Felonies

If a person commits a Level 4 felony in Indiana, they shall be imprisoned for a fixed term of 2 to 12 years with the advisory sentence of 6 years, plus a fine of up to $10,000 is common for a conviction of a Level 4 felony in Indiana. Arson is one crime generally considered Level 4, as are manslaughter, sexual assault, and extortion. (Ind. Code Ann. § 35-50-2-5.5 (2019))

Level 5 Felonies

If a person commits a Level 5 felony in Indiana, they shall be imprisoned for a fixed term of between 2 and 6 years, with the advisory sentence of 3 years, and a fine for $10,000 can be expected in Level 5 felony convictions. Examples of Level 5 felonies include crimes such as involuntary manslaughter, child solicitation, battery, burglary, reckless homicide and sexual misconduct with a minor. (Ind. Code Ann. § 35-50-2-6 (2019))

Level 6 Felonies

If a person commits a Level 6 felony in Indiana, they shall be imprisoned for a fixed term of 6 months to 2 ½ years, with the advisory sentence being 1 year,, with up to $10,000 in fines. Examples of Level 6 felonies in Indiana include Operating a Vehicle While Intoxicated Prior, possession of a controlled substance prior, possession of methamphetamine, forgery, theft, fraud, counterfeiting or sexual battery. (Ind. Code Ann. § 35-50-2-7 (2019)).

Murder

In the state of Indiana, murder is an unclassified felony, punishable by death or between 45 and 65 years in prison, in the state of Indiana. The court may also sentence a fine of up to $10,000. (Ind. Code Ann. § 35-50-2-3 (2019))

Expungement

The silver lining in Indiana is that certain felony convictions (along with misdemeanor and arrest records) can be expunged. Under certain conditions, 8 years after a person’s Level 6 (or Class D felony) or other higher felony conviction, they can petition the court to expunge their conviction record. (IC 35-38-9-3 and 4))There are other serious felony convictions that require prosecutor approval and a 10 waiting period before a person can petition the court to have the convictions marked expunged. (IC 35-38-9-5) A person is eligible to expunge misdemeanor convictions after 5 years. (IC 35-38-9-2)

Contact CCHA if you or a loved one is facing felony charges

A criminal charge can have a dramatic effect on your personal, professional, and family reputation. It is essential that you hire an attorney who is able to handle your criminal defense professionally and confidentially. At CCHA, we aggressively defend people charged with misdemeanor, OWI, drug, juvenile and white-collar crimes.

The criminal defense attorneys at CCHA aggressively defend people against unsubstantiated criminal charges that have the ability to damage their reputations. And we are not judgmental. If you did not know that what you did was a criminal act, or you did not know the penalty for doing what you did, or even if you did what you did thinking that you simply would not get caught, we work hard to negotiate the minimum penalty possible. Our goal is to promote your best interests and be your advocate in the criminal or juvenile justice system.The criminal defense attorney at CCHA can also navigate people through the expungement process.