What are the penalties for a felony in Indiana?

Felony penalties in Indiana range from 0–2 years for the lowest class to life imprisonment for the most serious [§ 35-50-2-3 et seq.]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Indiana have a speedy trial requirement?

Indiana does not have a fixed-day speedy trial clock. 70 days if in custody (Rule 4(B)); 1 year if not in custody and defendant has not moved for early trial (Rule 4(C)). Filing motion for speedy trial triggers 70-day clock.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 35-50-2-3 et seq.]. Misdemeanors carry county jail time (up to 1 year) [§ 35-50-3-2 et seq.]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Indiana Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Indiana?

Yes, for eligible offenses [§ 35-38-9-1 et seq.]. Waiting periods: 1 year (arrests without conviction); 5 years (Class D/Level 6 felony); 8 years (other eligible felonies); 10 years (serious felonies with prosecutor consent). Indiana's Second Chance Law (2013) was among the most expansive. One petition per lifetime. Must have completed sentence and all obligations.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Indiana.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Indiana Criminal Process — Step by Step Your Rights in an Indiana Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Indiana classifies criminal offenses §35-50-2-3 et seq.

Indiana divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Murder (death or life without parole available) felony: 45 years to life, up to $10,000 fine - Class Level 1 felony: 20–40 years, up to $10,000 fine - Class Level 2 felony: 10–30 years, up to $10,000 fine - Class Level 3 felony: 3–16 years, up to $10,000 fine - Class Level 4 felony: 2–12 years, up to $10,000 fine - Class Level 5 felony: 1–6 years, up to $10,000 fine - Class Level 6 felony: 0–2 years, up to $10,000 fine

Misdemeanor classifications §35-50-3-2 et seq.

Class A misdemeanor: up to 12 months, $5,000 fine - Class B misdemeanor: up to 6 months, $1,000 fine - Class C misdemeanor: up to 2 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §35-50-2-3 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §35-50-3-2 et seq.	State prison (1 year or more) §35-50-2-3 et seq.
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §35-38-9-1 et seq.	Fewer offenses eligible §35-38-9-1 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §35-33-1-1. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Indiana Constitution Art. 1, § 17 guarantees right to bail except for murder/treason. Criminal Rule 26 (2020) reformed bail: presumption of release on recognizance or unsecured bond for most offenses. §35-33-8-1 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Indiana.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §35-50-3-1 (misdemeanor probation length); §35-38-2-1 (conditions and user's fees), fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Indiana has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §35-36-8-1 et seq.. Indiana Public Defender Commission sets standards. Counties provide defense through public defenders, contract attorneys, or appointed counsel.
Right to a speedy trial — Indiana does not set a fixed number of days for speedy trial. 70 days if in custody (Rule 4(B)); 1 year if not in custody and defendant has not moved for early trial (Rule 4(C)). Filing motion for speedy trial triggers 70-day clock.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Indiana: Misdemeanors: combined term of imprisonment and probation may not exceed 1 year; up to 2 years where alcohol, drug, or harmful substance use is a contributing factor (over 12 months only with a report substantiating substance abuse treatment) §35-50-3-1 §35-50-3-1 (misdemeanor probation length); §35-38-2-1 (conditions and user's fees).

⚠Indiana has a habitual offender law §35-50-2-8. Habitual offender: 2 prior unrelated felonies (murder/Level 1–4, or Level 5); 3 prior unrelated felonies for other felony offenses. Adds 6–20 years to sentence for current felony. Separate finding by jury or court required.

Clearing your record

Indiana does allow certain criminal records to be sealed or expunged §35-38-9-1 et seq.. Waiting periods: 1 year (arrests without conviction); 5 years (Class D/Level 6 felony); 8 years (other eligible felonies); 10 years (serious felonies with prosecutor consent). Indiana's Second Chance Law (2013) was among the most expansive. One petition per lifetime. Must have completed sentence and all obligations.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §35-48-4-6 et seq.. Marijuana possession: Class B misdemeanor (under 30g, no priors); Class A misdemeanor or Level 6 felony (priors or larger amounts).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §35-42-2-1 et seq.. Domestic violence offenses carry additional consequences including protective orders §35-42-2-1.3.

Theft and property crimes

Classification depends on the value of property taken §35-43-4-2. Felony threshold: $750 (Level 6 felony for $750+, §35-43-4-2(a)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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