Indiana Felony Law — The Framework
Indiana reorganized its criminal sentencing structure in 2014, replacing the old A–D felony classification system with a six-level scale. That restructuring — codified primarily in IC 35-50 — changed advisory sentences, sentencing ranges, and enhanced penalty provisions across most offense categories. Understanding where a charge falls within this structure is fundamental to assessing the stakes of a case and developing a defense strategy.
Indiana Felony Sentencing Levels
Under IC 35-50-2, Indiana's felony sentencing ranges are as follows:
- Level 1 Felony: Advisory sentence of 30 years; sentencing range of 20 to 40 years. Examples include aggravated rape, child molesting, and dealing in a large quantity of hard drugs.
- Level 2 Felony: Advisory sentence of 17.5 years; range of 10 to 30 years.
- Level 3 Felony: Advisory sentence of 9 years; range of 3 to 16 years.
- Level 4 Felony: Advisory sentence of 6 years; range of 2 to 12 years.
- Level 5 Felony: Advisory sentence of 3 years; range of 1 to 6 years.
- Level 6 Felony: Advisory sentence of 1 year; range of 6 months to 2.5 years.
Courts may impose sentences above or below the advisory sentence based on aggravating and mitigating factors. Enhancement provisions — for prior felony convictions, use of a weapon, crimes committed in front of a child, and other circumstances — can elevate an advisory sentence significantly. A thorough analysis of the charge, enhancements alleged, and the client's history is necessary before any sentencing projection can be made.
The Criminal Process — What to Expect
Arrest and Initial Hearing
Following arrest, the accused is brought before a court for an initial hearing, typically within 48 to 72 hours. At the initial hearing, the judge advises the defendant of the charges, informs them of their constitutional rights, and makes an initial bail determination. The court will set conditions of pretrial release — or, in serious cases, decline to set bail. Having counsel present at the initial hearing matters: release conditions set at this stage can affect work, family, and daily life throughout the entire pendency of the case, which may last months or years.
Omnibus and Pretrial Proceedings
Following the initial hearing, the court schedules an omnibus date — a milestone at which the parties address pretrial motions and confirm the case's posture. Defense counsel typically uses this period to review discovery materials (police reports, witness statements, forensic evidence, video footage), assess constitutional issues, and file motions to suppress evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments. Successful suppression motions can dramatically alter the evidence available to the prosecution.
Pretrial Conferences and Plea Negotiations
Most felony cases in Indiana are resolved through negotiated plea agreements rather than trial. Plea negotiations occur throughout the pretrial period and may result in reduced charges, agreed sentencing recommendations, or deferred prosecution arrangements depending on the facts and the prosecutor's office involved. Whether a plea agreement is advisable depends entirely on the strength of the evidence, the realistic sentencing exposure at trial, and the client's specific circumstances and priorities. Hammond Legal presents clients with an honest assessment of both paths.
Trial
When a case proceeds to trial, Indiana defendants are entitled to a jury of their peers — twelve jurors who must unanimously agree on a verdict beyond a reasonable doubt. Trial preparation includes reviewing all discovery, identifying and interviewing witnesses, working with any necessary experts, preparing cross-examination, and developing a cohesive theory of the defense. Every client has the right to confront the witnesses against them, to present evidence and witnesses in their own defense, and to remain silent throughout the proceeding.
Your Constitutional Rights
Every person accused of a crime has constitutional protections that must be actively asserted. The Fifth Amendment right to remain silent applies from the moment of arrest — you are not required to answer police questions, explain your actions, or provide a statement. The Sixth Amendment right to counsel attaches upon arrest, and you may request an attorney at any point. The Fourth Amendment protects against unreasonable searches and seizures — evidence obtained without a valid warrant or recognized exception may be subject to suppression. These rights do not enforce themselves; a defense attorney's role is to assert them at every stage of the proceeding.
Felony Convictions and Expungement
Indiana's Second Chance Law (IC 35-38-9) provides a pathway to expungement for some felony convictions, subject to waiting periods and eligibility requirements. Level 6 felonies and former Class D felonies may be eligible after eight years from the date of conviction. Higher-level felonies carry a ten-year waiting period and require the prosecutor's consent in most cases. Certain offenses are categorically excluded. Understanding expungement eligibility is part of a complete analysis of any felony charge's long-term consequences.
Frequently Asked Questions
Do I have to talk to police if I am arrested?
No. The Fifth Amendment gives you the right to remain silent, and you should exercise it. You have the right to have an attorney present before and during any questioning. Politely but clearly invoke your right to counsel and stop speaking until an attorney is with you. Statements made before counsel arrives are often the most damaging evidence in a criminal case.
What is the difference between a Level 1 and a Level 6 felony in Indiana?
Indiana classifies felonies on a six-level scale under IC 35-50. Level 6 is the lowest level, with an advisory sentence of one year and a sentencing range of six months to two and a half years. Level 1 is the most serious, with an advisory sentence of 30 years and a range of 20 to 40 years. The level of the charge determines the potential sentence, and enhancements can elevate a charge or increase the sentencing range.
What happens at an initial hearing?
The initial hearing is typically the first court appearance after arrest. The court advises you of the charges, informs you of your rights, and addresses bail or pretrial release conditions. If you do not have an attorney, the court will determine whether you qualify for a public defender. Having private counsel at the initial hearing is advisable — bail decisions made at this stage can significantly affect your life during the pendency of the case.
Should I accept a plea agreement?
That decision belongs to you, informed by your attorney's analysis of the evidence, the strength of available defenses, the realistic sentencing range if convicted at trial, and what the plea offer actually entails. Plea agreements resolve the majority of felony cases in Indiana, but not every offer is fair or in your interest. A thorough review of discovery must come before any recommendation can be made.
Can a felony conviction be expunged in Indiana?
Some felony convictions are eligible for expungement under Indiana's Second Chance Law (IC 35-38-9). Level 6 felonies may be eligible after eight years from the date of conviction. Higher-level felonies have a ten-year waiting period and typically require the prosecutor's consent. Certain offenses — including murder, sex offenses requiring registration, and official misconduct — are not eligible.
What is an omnibus hearing?
An omnibus hearing is a pretrial milestone at which the court addresses pending motions — including motions to suppress evidence, motions in limine, and other pretrial issues. Defense counsel uses this stage to challenge the admissibility of evidence obtained in violation of constitutional rights. The omnibus date also serves as a checkpoint to schedule remaining proceedings including trial.
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