Understanding the Criminal Justice System
Felony convictions can change the entire course of your life and the life of your loved ones who rely on you for emotional and financial support. Even years after you’ve left prison, your permanent criminal record can hang over your head. Access to housing and employment can be nearly impossible.
Indiana’s felony reduction law, known as the Alternative Misdemeanor Sentencing (AMS) law, can reduce felony charges to misdemeanor charges, thereby limiting the impact of the charges. Whether you’re currently facing a felony conviction or you’ve already served your time, AMS can be an option worth pursuing.
Indiana has six felony levels; Level 1 is the most severe, while Level 6 is the least serious. Some Level 6 felonies are eligible for AMS, including:
Other Level 6 felonies, like those involving violence or sex crimes, are not eligible.
There are a few different ways to address getting your Level 6 felony charge reduced to a misdemeanor.
At Your Felony Sentencing Hearing
At your felony sentencing hearing, the judge may immediately reduce your Level 6 felony to a Class A misdemeanor.
Filing an AMS Post-Sentencing Petition
Once you’ve completed your sentence, you can request AMS from the court. While it doesn’t make up for the felony sentence you’ve served, it will clear up your criminal record of a felony conviction.
By AMS Agreement
The prosecutor and your defense attorney can agree to reduce the felony to a misdemeanor either before or after your conviction. The judge will then need to sign off on the agreement.
The first thing to do when your AMS is granted is let out a massive sigh of relief. This is the start of better things. If the judge grants an AMS post-sentencing, you must remain felony-free for at least five years; otherwise, a judge can reinstate your Level 6 felony.
It is also important to know that just because the judge reduced your felony under AMS does not mean the court has expunged your criminal record. With a felony reduction, your misdemeanor will still be visible on your public criminal record.
To See if You’re Eligible for a Felony Reduction, Contact Razumich & Associates
If you think you may be eligible for a felony reduction, Razumich & Associates can help. When your future is on the line, you need our criminal defense team fighting for you. Call us today at 317-449-8662 or use our contact form to schedule a case evaluation with one of our experienced criminal defense attorneys.