FELONY/MISDEMEANOR/INFRACTION

Generally, offenses can be divided into three categories: Felonies, Misdemeanors and Infractions. The most serious crimes are classified as felonies. 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 a criminal conviction or jail time. A speeding ticket would be an example of an infraction.

FELONIES

Under Indiana law, felonies are divided into seven (7) categories, based on the perceived seriousness 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.

Level 1 Felony: A Level 1 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.

Level 2 Felony: A Level 2 felony carries a penalty upon conviction of a fixed term between twenty (10) and thirty (30) years in prison and a fine of up to $10,000.00.

Level 3 Felony: A Level 3 felony carries a penalty upon conviction of a fixed term between three (3) and twenty (20) years in prison and a fine of up to $10,000.00.

Level 4 Felony: A Level 4 felony carries a penalty upon conviction of a fixed term between two (2) and twelve (12) years in prison and a fine of up to $10,000.00.

Level 5 Felony: A Level 5 felony carries a penalty upon conviction of a fixed term between one (1) year and six (6) years in prison and a fine of up to $10,000.00.

Level 6 Felony: A Level 6 felony is the lowest level of felony in Indiana. It carries a penalty upon conviction of a fixed term between six (6) months and two (2) years in prison and a fine of up to $10,000.00. In certain instances, when a person is convicted of a Level 6 felony, the Court may nonetheless enter judgment and conviction as a Class A misdemeanor.

Habitual Offender: In some circumstances, the State may seek to use prior convictions to enhance the sentence for a felony conviction

A person convicted of Murder or a Level 1 through Level 4 felony is a Habitual Offender if the State proves beyond a reasonable doubt that the offender has been previously convicted of two (2) prior unrelated felonies and at least one (1) of the prior unrelated felonies is not a Level 6 or Class D felony

A person convicted of a Level 5 felony is a Habitual Offender if the State proves beyond a reasonable doubt that at the time of the offense the offender had accumulated two (2) prior unrelated felonies and at least one (1) of the Prior unrelated felonies is not a Level 6 or Class D felony AND if the person is alleged to have committed a prior unrelated Level 5 felony, Level 6 felony, Class C felony or Class D felony, that not more than ten (10) years have past between the time the person was released from imprisonment, probation or parole (whichever is latest) and the time the person committed the current offense.

A person convicted of a Level 6 felony is a Habitual Offender if the state proves beyond a reasonable doubt that the offender had previously been convicted of three (3) prior unrelated felonies and if the person is alleged to have committed a prior unrelated Level 5 felony, Level 6 felony, Class C felony or Class D felony, that not more than ten (10) years have past between the time the person was released from imprisonment, probation or parole (whichever is latest) and the time the person committed the current offense.

If a person convicted of a Level 1 through Level 4 felony is found to be a Habitual Offender the Court shall sentence the offender to an additional fixed term that is between zero (0) and twenty (20) years.

If a person convicted of a Level 5 or Level 6 felony is found to be a Habitual Offender the Court shall sentence the offender to an additional fixed term that is between zero (0) and six (6) years.

Habitual Substance Offender: Indiana’s Habitual Substance Offender enhancement has been repealed.