Understanding the Possible Penalties for Felonies in Indiana
Felonies are considered more severe crimes than misdemeanors and carry more serious penalties, including the potential for significant prison time, fines, and other long-lasting consequences. In Indiana, felonies are divided into six levels, with Level 1 being the most severe and Level 6 being the least severe. In this article, we will explore the potential penalties for felonies in Indiana and provide a deeper understanding of the consequences associated with each level. If you are facing felony charges, it is crucial to retain an experienced criminal defense attorney to protect your rights and minimize the impact of a conviction on your life.
Indiana Felony Levels and Penalties
Indiana law divides felonies into six levels, with each level representing a different degree of severity and carrying its own range of potential penalties, including imprisonment and fines.
Level 6 Felony: Level 6 felonies include crimes such as theft, residential entry, and certain operating while intoxicated offenses. A conviction for a Level 6 felony can result in a prison sentence ranging from six months to two and a half years, with an advisory sentence of one and a half years. The maximum fine for a Level 6 felony is $10,000.
Level 5 Felony: Level 5 felonies include crimes such as battery with a deadly weapon, burglary of a structure other than a dwelling, and certain Level 6 offenses with a prior conviction for the same offense. A conviction for a Level 5 felony can result in a prison sentence ranging from one to six years, with an advisory sentence of three years. The maximum fine for a Level 5 felony is $10,000.
Level 4 Felony: Level 4 felonies include crimes such as arson, possession of a firearm by a serious violent felon, and burglary of a dwelling. A conviction for a Level 4 felony can result in a prison sentence ranging from two to twelve years, with an advisory sentence of six years. The maximum fine for a Level 4 felony is $10,000.
Level 3 Felony: Level 3 felonies include crimes such as aggravated battery, child molesting, and robbery. A conviction for a Level 3 felony can result in a prison sentence ranging from three to sixteen years, with an advisory sentence of nine years. The maximum fine for a Level 3 felony is $10,000.
Level 2 Felony: Level 2 felonies include crimes such as voluntary manslaughter, drug dealing offenses in excess of a certain weight, and certain sex crimes. A conviction for a Level 2 felony can result in a prison sentence ranging from ten to thirty years, with an advisory sentence of seventeen and a half years. The maximum fine for a Level 2 felony is $10,000.
Level 1 Felony: Level 1 felonies are the most severe felony offenses in Indiana. They include crimes such as attempted murder, child molestation, and neglect of a dependent causing death. A conviction for a Level 1 felony can result in a prison sentence ranging from twenty to forty years, with an advisory sentence of thirty years. The maximum fine for a Level 1 felony is $10,000.
The term “advisory sentence” refers to the beginning point for a judge to determine an appropriate sentence within the range of years allowed. It is essential to understand that the specific circumstances of each case can impact the potential penalties for a felony conviction. Therefore, the judge considered factors such as the defendant's criminal history, the presence of aggravating or mitigating circumstances, and the specific details of the crime to add or subtract years above or below the advisory sentence.
Sentencing Enhancements
Indiana law provides for a multitude of sentencing enhancements that can impact the penalties for felony convictions. Some examples of sentencing enhancements include:
Habitual Offender Enhancement: If a defendant has two or more prior unrelated felony convictions, they may be classified as a habitual offender, which can result in a significant increase in their prison sentence. This enhancement can add between six and twenty years to the underlying felony sentence, depending on the level of the current offense and the defendant's criminal history. The sentence term for a habitual offender enhancement cannot be suspended, which makes the offender ineligible for probation.
Prior Conviction Enhancement: If a defendant has been convicted in the past of the same or similar type of crime as the current charge, an enhancement can be added to the sentence. A common example is a misdemeanor shoplifting case being enhanced to a Level 6 felony due to a prior conviction for theft.
Use of a Firearm Enhancement: If a defendant uses a firearm in the commission of a certain felony offenses, they may be subject to an additional fixed prison term of between five and twenty years, depending on the underlying offense and the circumstances of the case.
A person with 2 or more prior unrelated vehicular substance offenses may face an enhancement because of those priors. The most common vehicular substance offense is operating while intoxicated. If only 2 priors are alleged, at least 1 of the priors must have occurred within 10 years before the date of the current offense. If the person has 3 or more priors or 2 priors with at least one of them occurring within the 10 years before the new offense, the person may be sentenced to an additional term ranging from 1 to 8 years if the State proves the person is subject to the enhancement.
An enhanced sentence is not a separate sentence. It is an additional term of years added to the base sentence of the underlying offense. For example, if an individual is charged with a Level 4 Felony and the prosecutor has also added the habitual offender enhancement, the sentence term is the 2 – 12 years on the Level 4 offense plus the 6 – 20 years on the enhancement. So, the defendant would be facing 8 – 32 years.
Conclusion
The potential penalties for felony offenses in Indiana are significant and can have a lasting impact on your life. If you are facing felony charges, it is crucial to retain an experienced criminal defense attorney to protect your rights and minimize the potential consequences of a conviction. A skilled attorney can help you navigate the complex legal process, negotiate with prosecutors, and present a strong defense on your behalf to achieve the best possible outcome in your case.