The Indiana Code for Criminal Law and Procedure lists the general provisions for criminal laws and trial procedures. Indiana's criminal justice system revised the code in 2014 so criminal charges aligned better with sentencing guidelines.
These changes give criminal defense attorneys a wider range of options when negotiating plea agreements. The revision made sentences for non-violent crimes, such as trespass or possession of a controlled substance, less punitive than those for violent felonies.
Indiana Criminal Laws
Like most states, Indiana divides crimes by severity into felonies and misdemeanors. Each classification has several subcategories.
There are six levels of felonies based on the nature of the crime. Level 1 felonies include second-degree murder and sexual assault. Level 3 felonies cover manslaughter, arson, and some enhanced drug offenses. Level 4 and 5 felonies now include non-violent and white-collar crimes.
The state of Indiana is one of about 25 states with the death penalty. The death penalty is for first-degree murder cases with aggravating circumstances.
The three categories of misdemeanors are primarily non-violent, less serious crimes.
- Class A misdemeanors include theft, aggravated battery, and resisting arrest. Class A misdemeanor sentences and Level 5 felony sentences overlap, so attorneys in criminal cases have leverage to plead down Level 5 felonies in some cases.
- Class B misdemeanors include first-time DUIs or OWIs, public intoxication, and vandalism.
- Class C misdemeanors include most minor traffic violations, trespassing, and possession of drug paraphernalia. Many Class C offenses result in a citation and fine rather than a jail term.
Get Legal Advice from an Indiana Criminal Defense Lawyer
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