When you’re facing criminal charges in Indiana, the first question on your mind is likely: “How serious is this?” In Indiana, felonies are categorized into levels that determine how severe the charge is—and what kind of penalties you could be facing.
At Hayes Law Office, we understand how overwhelming a felony charge can be. With over 18 years of experience, Attorney Philip Hayes is battle-tested in court and committed to protecting your rights, reputation, and freedom. This guide will help you understand Indiana’s felony classification system and what it could mean for your case.
What Is a Felony in Indiana?
In Indiana, criminal offenses are classified as either misdemeanors or felonies. Misdemeanors are less serious and usually result in local jail time, while felonies carry the potential for state prison sentences and long-term consequences that can affect your career, finances, and civil rights.
Common felony charges in Indiana include:
- Drug possession or distribution
- Domestic battery
- Theft or burglary
- OWI/DUI with prior convictions
- Firearm offenses
- Violent crimes
The Felony Levels in Indiana (And What You’re Facing)
Indiana law breaks felonies down into six levels, plus a separate category for murder. Here’s how they stack up:
Murder
- Penalty: 45–65 years or life in prison
- Can include: Death penalty in rare cases
Level 1 Felony
- Penalty: 20–40 years in prison
- Examples: Rape, attempted murder, kidnapping with serious injury
Level 2 Felony
- Penalty: 10–30 years
- Examples: Voluntary manslaughter, major drug trafficking
Level 3 Felony
- Penalty: 3–16 years
- Examples: Aggravated battery, some kidnapping or armed robbery charges
Level 4 Felony
- Penalty: 2–12 years
- Examples: Arson, serious drug possession, burglary without injury
Level 5 Felony
- Penalty: 1–6 years
- Examples: Domestic battery with priors, theft over $750, OWI with injury
Level 6 Felony
- Penalty: 6 months to 2.5 years (sometimes can be reduced to a misdemeanor)
- Examples: Auto theft, minor drug possession, OWI with priors
Sentencing Factors: It’s Not Always Cut and Dry
Indiana judges don’t just go by the book—they take into account specific details of your case, which could make your sentence either harsher or more lenient.
Things that might increase your sentence:
- Victim was a child or elderly
- You’ve got a criminal record
- You broke a protective order
- The crime caused serious harm
Things that could help your case:
- You have no past criminal record
- You were provoked
- The crime was out of character or unlikely to happen again
- You’ve shown you’re ready to take responsibility
That’s why having a lawyer who knows how to present the full story to the court makes a huge difference. At Hayes Law Office, we build smart, strategic defenses that give our clients the best chance at a reduced charge—or even a full dismissal.
The Long-Term Impact of a Felony Conviction
Even after serving your time, a felony conviction can create serious roadblocks in everyday life:
- Jobs – Employers may hesitate to hire someone with a felony record
- Housing – Landlords may deny you a lease
- Gun Rights – Felony convictions usually mean you can’t legally own a firearm
- Professional Licenses – If you’re in a licensed profession, your career could be affected
- Voting and Civic Rights – Certain rights may be restricted during and after sentencing
- Reputation – The stigma can affect personal relationships and opportunities
Can a Felony Be Expunged in Indiana?
In many cases, yes. Indiana’s expungement laws allow people to clear certain felonies from their record—but only if specific requirements are met.
To be eligible:
- Enough time has to pass since your conviction or sentence was completed
- You must have stayed out of legal trouble since then
- You only get one shot at filing, so it needs to be done right
If your expungement is granted, your record is sealed to the public, and you regain your civil rights, including gun ownership in most situations.
Expungement is a complicated process. If you're thinking about it, talk to an attorney first to make sure it's done correctly.
Why Choose Hayes Law Office?
When you're up against felony charges in Indiana, you can’t afford to take chances. At Hayes Law Office, we don’t just talk tough—we back it up with experience, strategy, and results.
- Attorney Philip Hayes has 18+ years of trial experience
- We know the courts and have strong relationships with judges and prosecutors
- We prepare every case like it’s going to trial—even if it doesn’t
- We give straight answers, no fluff
Whether you’re facing a first-time Level 6 felony or a more serious Level 1 charge, we fight to protect your record, your future, and your freedom. Contact us today.
