Understanding Criminal Charges in Indiana – Part 1

Indiana, like all states, classifies offenses into several categories. You’ve probably heard of misdemeanors and felonies, and maybe you’ve also heard of infractions. Each of these is defined by Indiana law. This blog post will explain the difference between the three types of offenses in Indiana; a follow-up post will explore some of the specific crimes or offenses that fit within each of these categories.

If, after reading this post and our follow-up post, you have questions about criminal charges that have been filed against you or a loved one, contact Razumich & Associates to learn more about how our experienced criminal defense attorneys can help.

Infractions

An “infraction” in Indiana is a “violation of a statute for which a person may be fined but not imprisoned.” Infractions are not considered crimes under Indiana law. That’s because while a crime can refer to “a felony or a misdemeanor,” as well as to “a delinquent act,” the term “infraction” is not part of Indiana’s definition of what a crime is. Infractions are still important, however, and if you’ve been charged with one, it’s important not to ignore it.

Misdemeanors

A “misdemeanor” in Indiana is “a violation of a statute for which a person may be imprisoned for not more than one (1) year.” A misdemeanor is considered a crime, and there are three levels: A, B, and C.

• Class A misdemeanors are the most serious and carry a potential prison term of not more than one year and a fine of not more than $5000.
• Class B misdemeanors come with a potential sentence of up to 180 days in jail and a fine of up to $1000.
• Class C misdemeanors are the least serious. That said, a defendant convicted of a class C misdemeanor can still be sentenced to up to 60 days in jail and be required to pay a fine of up to $500.

Felonies

Felonies are the highest level of crime in Indiana. Felonies are crimes where, by law, the defendant can be sentenced to more than one year in prison. As with misdemeanors, there are different felony levels in Indiana, each of which has its own range of potential penalties. They include:

• Murder – a sentence of between 45 and 65 years
• Level 1 Felony – a sentence of between 20 and 50 years
• Level 2 Felony – a sentence of between 10 and 30 years
• Level 3 Felony – a sentence of between 3 and 16 years
• Level 4 Felony – a sentence of between 2 and 12 years
• Level 5 Felony – a sentence of between 1 and 6 years
• Level 6 Felony – a sentence of between ½ of a year to 2-1/2 years

In addition to the prison term, any felony conviction can result in the defendant having to pay a fine of up to $10,000.

In our next blog post, we will explore some of the different types of felonies, misdemeanors, and infractions, and discuss what the consequences of a conviction can be.