Please contact my law office so that I can help you with any concerns or questions that you may have over charges that you may be facing. The criminal code is increasingly complex. Although you are smart to be concerned about researching the law and its effect on your situation, I can assure you that nothing can substitute for the professional advice of an attorney.
With my 20 years of experience, my best advice as a criminal defense lawyer is that the sooner you engage an attorney, the more it can help you.
I offer free consultations. Please contact me at 317-822-8000, or please use the form at right.
As of July 1, 2014, Indiana Criminal Code is drastically changed. The
current four felony levels will be expanded to six levels. Misdemeanor
charge levels are unaffected by the new law. These revisions are the most
significant changes the criminal code in a generation.
The penalty ranges for the new levels of felonies are as follows (minimum –
advisory sentence – maximum):
Class 1: 20 years – 30 years – 40 years
Class 2: 10 years – 17.5 years – 30 years
Class 3: 3 years – 9 years – 16 years
Class 4: 2 years – 6 years – 12 years
Class 5: 1 year – 3 years – 6 years
Class 6: 6 months – 1 year – 2.5 years
Examples offenses by levels of felony are:
Class 1: Attempted Murder, Child Molesting, and Sexual Misconduct with a
Minor.
Class 2: Robbery with serious bodily injury, Arson with serious bodily injury, and dealing in cocaine greater than 10 grams.
Class 3: Aggravated Battery, Kidnapping, Criminal Confinement with deadly
weapon, and dealing controlled substance greater than 28 grams.
Class 4: Dealing in controlled substance less than 28 grams, Unlawful Possession
of firearm by violent felon, and Arson.
Class 5: Robbery, Theft greater than $50,000, certain Stalking offenses, Non-Support>
$15000, and Burglary.
Class 6: Domestic Battery with prior conviction, interference with custody,
strangulation, sexual battery, theft less than $50,000, Intimidation, and Prostitution w/ prior convictions.
In addition to the changes in substantive law, there are several changes to the credit time calculation.
For any crime alleged to have been committed prior to July 1, 2014 the credit will be one day’s credit for each day served (with a few exceptions); For crimes alleged to have been committed after July 1 2014, the credit is one good day for every seven days served.
In addition, under the most recent law changes, time cuts for programs will no longer be computed from the out date, but will start as a reduction in the entire sentence. This has the effect of diluting the value of the programs.
And again is a significant reason why to avoid convictions and department of corrections time if at all possible.