Classes of Offense Levels
If you or a loved one has been arrested or charged with a crime, the charge or charges willfall within a certain category of offense. This page gives a basic overview of the different
offense levels under Indiana law. Click HERE for an overview of Indiana criminal procedure
and some of the things one can expect to face in a criminal case. Keep in my that this
information is provided as general information only and should not be considered legal advice
and may or may not have application to any particular case.
Felony/Misdemeanor/Infraction
Generally, offenses can be divided into three categories: Felonies, Misdemeanors andInfractions. A Felony is defined as a crime punishable by more than one year of
incarceration in a prison or jail. A Misdemeanor is a less serious crime and one that is
punishable by no more than one year of incarceration. An Infraction is a violation of an
ordinance or statute that does not subject the person to jail time. A speeding ticket would be
an example of an Infraction.
FELONIES
Under Indiana law, felonies are divided into 5 categories based upon the perceivedseriousness of the crime. These categories are:
- Murder: This is the most serious charge one can face under Indiana law. The
sentence for a murder conviction is a fixed term between forty-five (45) and sixty-
five (65) years in prison and a fine of up to $10,000.00. In certain cases a murder
conviction can result in a sentence of life in prison without the possibility of parole.
Murder is also a capital offense, meaning that in certain cases a murder conviction
can result in the death penalty being imposed. - Class "A" Felony - A Class "A" felony carries a penalty upon conviction of a
fixed term between twenty (20) and fifty (50) years in prison and a fine of up to
$10,000.00. Examples of a Class A felony include Dealing in Cocaine, a Narcotic
Drug or Methamphetamine in an amount over three (3) grams, Armed Robbery
resulting injury, Kidnapping, Rape and Child Molesting. - Class "B" Felony- A Class "B" felony carries a penalty upon conviction of a
fixed term between six (6) and twenty (20) years in prison and a fine of up to
$10,000.00. Examples of a Class B felony include Dealing in Cocaine, a Narcotic
Drug of Methamphetamine in an amount less than three (3) grams; Burglary;
Aggravated Battery; Arson and Sexual Misconduct with a Minor. - Class "C" Felony- A Class "C" felony carries a penalty upon conviction of a
fixed term between two (2) and eight (8) years in prison and a fine of up to
$10,000.00. Examples of a Class "C" felony include Possession of Cocaine, a
Narcotic Drug or Methamphetamine in an amount greater than three (3) grams;
Intimidation with a deadly weapon and Dealing or Possession of Marijuana in an
amount greater than 10 pounds. - Class "D" Felony - A Class "D" felony is the lowest level of felony crime in
Indiana. A Class d felony conviction carries a penalty of six (6) months to three (3)
years in prison and up to a $10,000.00 fine. In addition, in certain circumstances, a
D felony conviction can be reduced to a Class A misdemeanor through a procedure
known as AMS (Alternative Misdemeanor Sentencing). Class "D" felony offenses
include Dealing or Possession of Marijuana greater than thirty (30) grams; Operating
a Vehicle While Intoxicated (OWI) as a second offense; Maintaining a Common
Nuisance; Theft; Criminal Confinement and Residential Entry.
- Habitual Offender- In some circumstances, if a person has been charged with
a felony and that person has accumulated (2) prior unrelated felony convictions, the
State may seek to have the person sentenced upon conviction of the new felony
charge as a "Habitual Offender". To count as prior unrelated felonies, the second
prior felony conviction must have occurred after being sentenced for the first prior
felony conviction and the charge for which the state seeks a habitual offender
enhancement must have been committed after sentencing for the second prior
unrelated felony. There is no time limit on how long ago the prior convictions were
obtained. A person found to be a habitual offender shall be sentenced by the court to
an additional fixed term of not less than the advisory sentence for the underlying
offense and not more than three (3) times the advisory sentence for the underlying
offense, although the additional sentence can not exceed thirty (30) years. A person
convicted of a Class A felony and found to be a habitual offender faces an additional
sentence of thirty (30) years; for a Class B felony conviction the additional sentence
would be no less than ten (10) years and no more than thirty (3)years; for a Class C
felony conviction the additional sentence would be no less than four (4) years and no
more than twelve (12) years; for a Class D felony conviction the additional sentence
would be no less than one and one half (1 1/2) years and no mor than nine (9) years.
- Habitual Substance Offender - In some circumstances, when a person
has been charged with a "substance offense" and that person has accumulated two
(2) prior unrelated "substance offense" convictions, the State may seek to have the
person sentenced upon conviction as a "Habitual Substance Offender". A Substance
Offense is defined under Indiana law as a Class A misdemeanor or felony in which
the possession, use, abuse, delivery, transportation or manufacture of alcohol or
drugs is a material element of the crime. Note that substance offenses include
certain alcohol related charges such as Operating a Vehicle While Intoxicated. Unlike
a Habitual Offender enhancement, Habitual Substance Offender convictions are not
required to have been felonies, only substance offenses as defined in Indiana Code
Sec. 35-50-2-10. A person found to be a Habitual Substance Offender shall be
sentenced upon conviction to an additional fixed term of no less than three (3) years
but no more than eight (8) years to be added to the sentence imposed for the
underlying conviction.
MISDEMEANORS
Under Indiana law misdemeanors are divided into 3 categories:- Class "A" Misdemeanor - A Class "A" misdemeanor conviction carries a
penalty of imprisonment for a fixed term of up to one (1) year and a fine of up to
$5,000.00. Class "A" misdemeanors include Possession of Marijuana; Operating
While Intoxicated (OWI); Conversion and Contribution to the Delinquency of a Minor. - Class "B" Misdemeanor- A Class "B" misdemeanor conviction carries a
penalty of imprisonment for a fixed term of up to one hundred eighty (180) days and
a fine up to $1000.00. - Class "C" Misdemeanor- A Class "C" misdemeanor is the lowest level of
crime in Indiana, carrying a penalty of upon conviction of not more than sixty (60)
days in jail and a fine of up to $500.00
criminal defense lawyer to help you. Contact the attorneys of Dillon and
Thomas, P.C. for help today.
Indianapolis, Indiana 46205
Telephone: (317) 923-9391
Fax: (317) 924-2920
E-mail: LegalQuestions@DillonandThomas.com
defense attorneys are experienced and aggressive lawyers who will fight for your rights. If you or a loved one stands
accused of a crime, hiring a lawyer can be the most important part of your defense. Over 40 years combined
experience handling criminal cases: drugs and narcotics- dealing, manufacturing, cultivation and possession-
methamphetamine and meth labs, marijuana, cocaine, heroin, LSD, ecstasy and club drugs - violent crime, murder,
manslaughter, robbery, weapons charges, battery, sex crimes, rape, sexual battery, child molesting, sexual
misconduct; burglary, forgery, theft, drunk driving / OWI, juvenile cases, appeals and post-conviction (PCR) cases.
If you have been arrested and face criminal charges, you need an experienced criminal defense attorney to protect
your rights.
formal legal advice nor the formation of a lawyer/client relationship.
