Penalties and Defenses:
Facing criminal charges in Indiana? The distinction between felonies and misdemeanors is crucial, as it affects penalties, your record, and future opportunities. This article breaks down the differences, potential consequences, and common defenses under Indiana law. Note: This is general information; consult an attorney for your specific case.
Key Differences Between Misdemeanors and Felonies
- Misdemeanors: Less serious offenses, often involving minor harm or no violence. Indiana classifies them as Class A, B, or C.
- Felonies: More severe crimes with potential for significant harm. Classified from Level 1 (most serious) to Level 6, plus murder as a separate category.
The main separator is potential jail time: Misdemeanors max at 1 year; felonies start at over 1 year.
Penalties for Misdemeanors in Indiana
| Class | Max Jail Time | Max Fine | Examples |
|---|---|---|---|
| A | 1 year | $5,000 | Battery, DUI (first offense) |
| B | 180 days | $1,000 | Criminal mischief |
| C | 60 days | $500 | Disorderly conduct |
Additional consequences: Probation, community service, license suspension, and a criminal record impacting jobs/housing.
Penalties for Felonies in Indiana
| Level | Advisory Sentence | Max Sentence | Examples |
|---|---|---|---|
| 6 | 1 year | 2.5 years | Theft over $750 |
| 5 | 3 years | 6 years | Battery with injury |
| 4 | 6 years | 12 years | Burglary |
| 3 | 9 years | 16 years | Armed robbery |
| 2 | 17.5 years | 30 years | Voluntary manslaughter |
| 1 | 30 years | 40 years | Child molesting |
| Murder | 55 years | Life/Death | Intentional killing |
Felonies carry fines up to $10,000, plus long-term effects like voting rights loss and firearm bans.
Common Defenses
- Lack of intent: Prove the act was accidental.
- Self-defense: Justified if facing imminent harm.
- Alibi or mistaken identity: Evidence showing you weren’t involved.
- Entrapment: If police induced the crime.
- Insanity or diminished capacity: Rare, requires expert testimony.
Defenses vary by charge; an attorney can challenge evidence or negotiate pleas.
Next Steps If Charged
Seek legal help immediately to explore expungement options post-conviction. In Evansville, local expertise matters for Vanderburgh County courts.
(Internal link suggestions: Link to “Theft and Burglary” and “Violent Crimes” pages.)
