Rhett Lee

Are you facing a criminal charge in Indiana? Read on to learn about the range of sentences for misdemeanors and felonies.

What are the Indiana Sentencing Guidelines?

The Criminal Code in Indiana is found in Title 35: Criminal Law and Procedure.  The Criminal Code provides sentencing guidelines, which are located in Chapters 2 and 3 of Article 50. The Sentencing Guidelines are the range of possible sentences a judge can impose for a criminal offense. The guidelines set a higher sentence for felonies (more serious offenses) and a lower sentence for misdemeanors (less serious offenses).

In Indiana, there are essentially seven levels of felony that range from Murder down to Level 6, and three levels of misdemeanors that range from Class A down to Class C.

For each level of an offense, the Indiana Criminal Code sets a minimum, a maximum, and an advisory sentence, which is explained below the sentencing guidelines.

Sentencing Guidelines for Felony Offenses in Indiana:

Level of Offense	Sentencing Range	Advisory Sentence	Fine
Murder	45 – 65 years	None	Maximum of $10,000
Level 1 Felony	20 – 40 years	30 years	Maximum of $10,000
Level 2 Felony	10 – 30 years	17.5 years	Maximum of $10,000
Level 3 Felony	3 – 16 years	9 years	Maximum of $10,000
Level 4 Felony	2 – 12 years	6 years	Maximum of $10,000
Level 5 Felony	1 – 6 years	3 years	Maximum of $10,000
Level 6 Felony	6 months – 2.5 years	1 year	Maximum of $10,000

Sentencing Guidelines for Misdemeanor Offenses in Indiana:

Level of Offense	Sentencing Range	Fine
Class A Misdemeanor	0 – 365 days	Maximum of $5,000
Class B Misdemeanor	0 -180 days	Maximum of $1,000
Class C Misdemeanor	0 – 60 days	Maximum of $500

What is an advisory sentence?

An advisory sentence is “a guideline sentence that the court may voluntarily consider when imposing a sentence”. Basically, the advisory sentence is a suggested baseline for a judge to use when considering what sentence to impose. A judge may decide whether to increase or decrease a sentence from the advisory sentence, but this depends on aggravating and mitigating factors, which are explained below.

What are aggravating factors?

Aggravating factors are factors that would typically cause a judge to increase the sentence from the advisory sentence. Some examples of aggravating factors could be:

• The Defendant’s criminal or juvenile record
• The age of the victim (younger than 12 years or older than 65 years)
• The offense was violent in nature
• The offense caused significant harm

What are mitigating factors?

Mitigating factors are factors that would typically cause a judge to decrease the sentence from the advisory sentence. Some examples of mitigating factors could be:

• The offense did not cause significant harm
• The Defendant is pleading guilty and is taking responsibility/accountability for the offense
• The Defendant has a remorseful attitude
• The victim aided in or induced the commission of the offense