If you or a loved one has been arrested or charged with a crime in a state court in Indiana, the charge or charges will fall within
a certain category of offense. This page gives a basic overview of the different offense levels under
Generally, offenses can be divided into three categories: Felonies, Misdemeanors and Infractions. The most serious crimes are
classified as felonies. A felony is defined as a crime punishable by more than one year of incarceration in a prison or
jail. A misdemeanor is a less serious crime and one that is punishable by no more than one year of incarceration. An infraction
is a violation of an ordinance or statute that does not subject the person to a criminal conviction or jail time. A speeding
ticket would be an example of an infraction.
Under
· Class "A"
Misdemeanor: A Class "A" misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one (1) year
and a fine of up to $5,000.00. Class "A" misdemeanors include Dealing or Possession of Marijuana in an amount less than 30 grams;
Operating While Intoxicated (OWI) in a manner which endangers a person; Conversion and Visiting a Common Nuisance.
· Class "B" Misdemeanor: A Class "B" misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one hundred
eighty (180) days and a fine up to $1000.00.
· Class "C" Misdemeanor: A Class "C" misdemeanor is
the lowest level of crime in Indiana, carrying a penalty of upon conviction of not more than sixty (60) days in jail and a fine of
up to $500.00
If you or a loved one has been arrested it is important to get an experienced criminal defense lawyer working on your case and fighting
for you as quickly as possible. Contact the experienced criminal defense law firm of Ross G. Thomas today. All initial
consultations are free of charge. The Law Office of Ross G. Thomas provides experienced legal representation to persons charged
with serious crimes in state and federal courts throughout
Murder: This is the most serious charge one can face under
Class "A" Felony: A Class "A" felony carries a penalty upon conviction of a fixed term between twenty (20) and fifty (50) years in
prison and a fine of up to $10,000.00. Examples of a Class A felony include Dealing in Cocaine, a Narcotic Drug or Methamphetamine
in an amount over three (3) grams, Armed Robbery resulting in injury, Kidnapping, Rape and Child Molesting.
Class
"B" Felony: A Class "B" felony carries a penalty upon conviction of a fixed term between six (6) and twenty (20) years in prison and
a fine of up to $10,000.00. Examples of a Class B felony include Dealing in Cocaine, a Narcotic Drug or Methamphetamine in an
amount less than three (3) grams; Burglary; Aggravated Battery; Arson and Sexual Misconduct with a Minor.
Class
"C" Felony: A Class "C" felony carries a penalty upon conviction of a fixed term between two (2) and eight (8) years in prison and
a fine of up to $10,000.00. Examples of a Class "C" felony include Possession of Cocaine, a Narcotic Drug or Methamphetamine
in an amount greater than three (3) grams; Intimidation with a deadly weapon and Dealing or Possession of Marijuana in an amount greater
than 10 pounds.
Class "D" Felony: A Class "D" felony is the lowest level of felony crime in
Habitual Offender: In some circumstances, if a person has been charged with a felony and that person
has accumulated (2) prior unrelated felony convictions, the State may seek to have the person sentenced upon conviction of the new
felony charge as a "Habitual Offender". To count as prior unrelated felonies, the second prior felony conviction must have occurred
after being sentenced for the first prior felony conviction and the charge for which the state seeks a habitual offender enhancement
must have been committed after sentencing for the second prior unrelated felony. There is no time limit on how long ago the prior
convictions were obtained. Indiana law states that a person found to be a habitual offender shall be sentenced by the court
to an additional fixed term of not less than the advisory sentence for the underlying offense and not more than three (3) times the
advisory sentence for the underlying offense, although the additional sentence can not exceed thirty (30) years. A person convicted
of a Class A felony and found to be a habitual offender faces an additional sentence of thirty (30) years; for a Class B felony conviction
the additional sentence would be no less than ten (10) years and no more than thirty (30) years; for a Class C felony conviction
the additional sentence would be no less than four (4) years and no more than twelve (12) years; for a Class D felony conviction the
additional sentence would be no less than one and one half (1 1/2) years and no more than four and one half (4 1/2) years.
Habitual
Substance Offender: In some circumstances, when a person has been charged with a "substance offense" and that person has accumulated
two (2) prior unrelated "substance offense" convictions, the State may seek to have the person sentenced upon conviction as a "Habitual
Substance Offender". A Substance Offense is defined under
