Indiana Felony: Laws, Penalties, Sentencing, and Records

In Indiana, a felony is defined as any crime that results in a punishment of over one year in prison. Some of the most common felony offenses in the state are murder, robbery, aggravated battery, rape, and child molestation. These types of crimes carry serious consequences, including lengthy prison sentences, substantial fines, loss of civil rights, and a lasting criminal record.

Felonies in Indiana are categorized into six levels, ranging from Level 1 to Level 6.Level 1 represents the most serious offenses, and Level 6 the least severe. Murder is categorized as an unclassified felony, with its own specific penalties.

What Is Considered a Felony in Indiana?

Felonies in Indiana are defined under the Indiana Code (Title 35, Criminal Law and Procedure). Common Indiana felonies include:

• Violent Crimes: Murder, manslaughter, aggravated battery, rape, robbery, kidnapping.
• Drug Crimes: Manufacturing, distribution, and trafficking of controlled substances.
• Property Crimes: Burglary, arson, auto theft, and theft of property valued at $750 or more.
• White-Collar Crimes: Fraud, forgery, embezzlement, identity theft.
• Weapons Offenses: Felon in possession of a firearm, use of a deadly weapon in the commission of a crime.

Misdemeanors can be raised to felonies due to certain aggravating factors.

• Theft exceeding $750 is classified as a felony; theft below $750 is typically considered a misdemeanor.
• Battery is classified as a felony if it results in serious bodily injury or involves a deadly weapon.

What Is a Felony in Indiana?

According to Indiana law, a felony is any crime that can lead to incarceration of over one year in the Indiana Department of Correction. On the other hand, misdemeanors are crimes that can result in a maximum of one year in county jail.

Consequences of being convicted of a felony in Indiana include:

• Prison sentences range from 6 months to 40 years, or life for murder.
• Fines up to $10,000, depending on the felony level.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal record, which affects employment and housing opportunities.

Felony Levels and Penalties in Indiana

In 2014, Indiana revised its felony system by eliminating the old Class A–D system and introducing Levels 1–6.

Indiana Felony Levels

• Murder (Unclassified Felony)
  • Penalty: In Indiana, if someone is convicted of murder, they have to spend at least 45 years in prison. However, in some serious cases, the sentence can be life imprisonment without the chance of parole or even the death penalty.
  • Fine: Offenders may also be required to pay a fine of up to $10,000.
• Level 1 Felony
  • Level 1 felony generally includes attempted murder, aggravated rape, and drug dealing in large amounts.
  • Penalty: Anyone convicted of these crimes faces a lengthy imprisonment ranging from 20 to 40 years.
  • Fine: Offenders may also be required to pay a fine of up to $10,000.
• Level 2 Felony
  • A level 2 felony can include voluntary manslaughter, burglary of a dwelling, and kidnapping.
  • Penalty: This category of crimes attracts a prison sentence of 10 to 30 years.
  • Fine: Offenders may also pay up to $10,000 in fines.
• Level 3 Felony
  • Level 3 felonies can include aggravated battery, armed robbery, and certain drug crimes.
  • Penalty: This category of felony attracts a prison sentence of 3 to 16 years.
  • Fine: Offenders should expect to pay up to $10,000 in fines.
• Level 4 Felony
  • Level 4 felonies include fraud, sexual misconduct with a minor, and burglary of a non-dwelling.
  • Penalty: Anyone convicted of these crimes may face 2 to 12 years in prison.
  • Fine: Offenders should expect to pay up to $10,000 in fines.
• Level 5 Felony
  • Level 5 felonies includes battery causing serious bodily injury, certain theft offenses, and involuntary manslaughter.
  • Penalty: This attracts a short prison sentence ranging from 1 to 6 years.
  • Fine: Offenders may also be required to pay a fine of up to $10,000.
• Level 6 Felony
  • This category includes the least severe felony crimes in the state. Some of these crimes are theft of $750–$50,000, possession of certain controlled substances, and forgery.
  • Penalty: This attracts a short prison sentence ranging from 6 months to 2.5 years.
  • Fine: Offenders may also be required to pay a fine of up to $10,000.

Judges have the authority to reduce Level 6 felonies to misdemeanors under Indiana’s alternative misdemeanor sentencing law.

Felony Sentencing Guidelines in Indiana

Sentencing in Indiana is determined by statutory ranges. However, courts consider aggravating and mitigating factors when deciding on final terms.

Key Sentencing Factors

1. Advisory Sentences: Advisory sentences refer to a recommended sentence a court may voluntarily consider when imposing a penalty for a felony.
2. Aggravating Factors: These are factors that can increase the severity of a felony punishment. Aggravating factors may include crimes against children or the elderly, use of firearms, and gang involvement.
3. Mitigating Factors: Mitigating factors are any conditions that can reduce a felony sentence.
4. Habitual Offender Enhancements: Individuals who repeatedly commit felonies may face more severe penalties under Indiana’s habitual offender law.
5. Probation and Community Corrections: Certain offenders, particularly those charged with Level 5 and 6 felonies, might be eligible for probation, community service, or home detention.
6. Parole and Good Time Credit: Offenders can receive sentence reductions for good behavior, but violent crimes usually come with stricter rules for parole eligibility.

Felony Laws and Procedures in Major Indiana Cities

Indianapolis (Marion County)

Felony prosecutions in Indianapolis are handled by the Marion County Superior Court. This court deals with a high volume of cases related to violent crimes, drug trafficking, and property crimes. You can access records through the Marion County Clerk or the Indiana Odyssey Case Management System.

Fort Wayne (Allen County)

Felonies in Fort Wayne are tried in the Allen County Superior Court. The court handles significant numbers of property and drug crimes. Felony case records are available through the Allen County Clerk of Courts.

Evansville (Vanderburgh County)

Felony cases in Evansville are heard in the Vanderburgh County Circuit and Superior Courts. Records can be accessed via the Vanderburgh County Clerk or statewide portals.

How to Search for Felony Records in Indiana

Indiana offers both online and in-person access to felony records.

1. Indiana Odyssey Case Management System (mycase.IN.gov)

The Odyssey Case Management System allows the public to search felony case information by name, case number, or attorney. Records typically include:

• Case numbers and docket details.
• Charges and filing dates.
• Court location.
• Case status and dispositions.

2. County Clerk of Courts

Certified felony records and full case files must be requested directly from the Clerk of Court in the county where the felony was prosecuted.

3. Indiana State Police (ISP) – Criminal History Services

The Indiana State Police provides official criminal history reports for a fee. These include felony convictions and arrest records.

4. Local Police Departments and Sheriff’s Offices

Police departments maintain arrest and incident reports. Requests may be made under Indiana’s Access to Public Records Act (APRA). Note that access to reports or information on an ongoing investigation is restricted.

5. Third-Party Background Checks

Private services offer access to felony records, but official state systems are generally considered the most accurate and up-to-date.

Open vs. Sealed Records

• Open Records: In Indiana, the majority of felony convictions are public information.
• Expungement: Indiana permits the expungement of specific felony records after a designated waiting period. The waiting period varies depending on the severity of the crime. Violent and sexual felonies typically cannot be expunged.

Why Understanding Felonies in Indiana Matters

Felony convictions in Indiana have lasting effects that go beyond just serving time and paying fines. They can impact civil rights, job prospects, housing options, and the ability to obtain professional licenses. For individuals, employers, and organizations, it is essential to grasp the felony laws, sentencing guidelines, and how to access records.

In Indiana, felonies are categorized into six levels (1–6). The penalties vary significantly, starting from 6 months for Level 6 felonies and going up to 40 years or more for Level 1 felonies.

Sentencing is influenced by legal guidelines, as well as aggravating and mitigating circumstances. You can look up felony records using theOdyssey Case Management System, county clerks, or the Indiana State Police. This process promotes transparency while also allowing for limited expungement for cases that qualify.