Indiana restructured its felony system in 2014. What are the current felony levels and sentences?

Indiana's Criminal Code Reform (HEA 1006, effective July 1, 2014) replaced the A/B/C/D felony classification with six numbered levels plus a separate murder classification. Post-2014 felony levels under I.C. § 35-50-2-1 through § 35-50-2-7: Murder: fixed-term sentencing range 45-65 years (advisory 55 years); may be sentenced to life without parole or death for murder with specific aggravating circumstances. Level 1 felony: range 20-40 years (advisory 30 years). Examples: aggravated rape, child molesting resulting in death, dealing drugs causing death; Level 2 felony: range 10-30 years (advisory 17.5 years). Examples: voluntary manslaughter, armed robbery, drug dealing with aggravating circumstances; Level 3 felony: range 3-16 years (advisory 9 years). Examples: robbery, battery resulting in serious bodily injury, rape; Level 4 felony: range 2-12 years (advisory 6 years). Examples: dealing methamphetamine less than 5g, domestic battery with prior conviction, criminal confinement; Level 5 felony: range 1-6 years (advisory 3 years). Examples: simple possession Schedule I or II substances with prior conviction, theft between $750-$50,000, operating while intoxicated causing serious bodily injury; Level 6 felony: range 6 months to 2.5 years (advisory 1 year). Examples: first-offense possession of certain drugs, theft between $750-$50,000, Level 6 OWI with prior. Indiana Level 6 felony discretion: courts have discretion to convert a Level 6 felony to a Class A misdemeanor at sentencing (I.C. § 35-50-2-7(b)) if the court finds it in the best interests of the person and the public — this 'wobbler' feature allows first-time or minor Level 6 offenders to avoid felony convictions. The habitual offender enhancement (I.C. § 35-50-2-8) adds 6-20 years to the base sentence for defendants with two or more prior unrelated felony convictions.

Indiana's expungement law was significantly expanded. Can I get my Indiana criminal record expunged?

Indiana's expungement statute (I.C. § 35-38-9-1 et seq.) provides pathways for clearing criminal records under specific circumstances: (1) Arrests with no conviction: petition 1 year after the arrest date; applies to arrests that did not result in conviction (dismissed, acquitted, charges never filed, deferred prosecution completed successfully). Available to all qualifying arrests; (2) Misdemeanor convictions (including those converted from Level 6 felony to misdemeanor at sentencing): petition 5 years after the date of conviction; no convictions since the conviction being expunged; fines, costs, and restitution must be paid; (3) Level 6 felony (formerly Class D felony) convictions that are not offenses against persons: petition 8 years after the conviction date; not a conviction for a violent crime or one requiring sex offender registration; no subsequent conviction since the conviction; (4) More serious felony convictions (Level 1-5, or pre-2014 Class A-C): petition 8 years after completion of sentence AND require the county prosecutor's written consent. The prosecutor consent requirement is a significant gate: if the prosecutor objects or simply refuses to consent, the court cannot grant expungement for serious felonies. Marion County (Indianapolis) prosecutors have developed informal guidelines about which cases they'll consent to; (5) Never eligible: any offense resulting in serious bodily injury; sex and violent offenses requiring SORA registration; official misconduct by a public servant; operating a vehicle causing death while intoxicated. After expungement: the court orders the record restricted from public access; employers with standard background check access will not see the expunged records; the person may answer 'no' when asked about criminal history in most employment and housing contexts. Exceptions: law enforcement agencies retain access; federal background checks (some positions) retain access; the person must still disclose expunged records when applying for positions requiring federal security clearances.

What are my rights if arrested in Indiana?

Indiana law and the U.S. Constitution provide specific rights upon arrest: (1) Right to be told the charges: Indiana law (I.C. § 35-33-1-5) requires that when a person is arrested, they must be informed of the cause of the arrest and shown the warrant if there is one. For warrantless arrests: the officer must have probable cause and you must be promptly brought before a judicial officer; (2) Right to remain silent (5th Amendment and Miranda): you have the right to remain silent; police must give Miranda warnings before custodial interrogation; in Indiana, you should clearly and unambiguously invoke: 'I am invoking my right to remain silent' and 'I want an attorney'; (3) Right to an attorney (6th Amendment): once you are formally charged (indicted or charged by information), the right to counsel attaches. In practice, Indiana provides a public defender through the county public defender's office for those who cannot afford private counsel; Indianapolis's Marion County Public Defender Agency is one of the larger county public defender offices in the Midwest; (4) Right to prompt initial hearing: Indiana Rule of Criminal Procedure 8 requires that a person held without bail must be brought before a court promptly. Indiana courts typically schedule initial hearings within 24-72 hours of arrest; (5) Indiana's pretrial release framework: Indiana uses a risk assessment tool (IRAS — Indiana Risk Assessment System) to evaluate defendants for pretrial release. Courts consider public safety and failure-to-appear risk when setting bail conditions. Indiana reformed its bail system in recent years — cash bail is less automatically applied for low-risk defendants, while preventive detention is available for defendants with high risk scores on serious charges (I.C. § 35-33-8-3.8); (6) Right against unreasonable searches: the 4th Amendment and Article 1, § 11 of the Indiana Constitution protect against unreasonable searches and seizures. Indiana courts have sometimes interpreted Article 1, § 11 differently from the federal 4th Amendment standard — Indiana courts may require warrants in some situations where federal courts would allow an exception.

Indiana has a 'habitual offender' enhancement. How does that affect criminal sentencing?

Indiana's habitual offender statute (I.C. § 35-50-2-8) adds a mandatory 6-20 year fixed-term enhancement to a felony sentence when the defendant is a 'habitual offender' — meaning they have been convicted of two or more prior unrelated felony convictions. How it works: (1) The underlying current offense must be a felony (not a misdemeanor); (2) Two or more prior unrelated felony convictions must have been committed and sentenced separately (not arising from the same episode of criminal conduct); (3) The prosecutor must file a separate habitual offender count in the charging document and prove the prior felony convictions beyond a reasonable doubt at trial; (4) If found to be a habitual offender: the court adds a fixed-term enhancement of 6-20 years to the sentence for the underlying felony. This is a MANDATORY addition — the court has no discretion to impose zero enhancement; it must add at least 6 years. The enhancement is in addition to the regular sentence range for the Level 1-6 felony (or murder). Example: a defendant convicted of a Level 4 felony (2-12 year range; advisory 6 years) who is found to be a habitual offender receives: base sentence (6 years advisory) PLUS 6-20 year enhancement. Total: potentially 12-26 years for an offense that would otherwise have a 6-year advisory sentence. Indiana habitual offender jurisprudence: cases where courts analyze what counts as 'unrelated' convictions (two crimes committed on the same day but charged separately may or may not be 'unrelated'); and what constitutes conviction of a felony in another jurisdiction for the habitual offender count. The Marion County Prosecutor's Office (Indianapolis) routinely files habitual offender counts in cases with qualifying prior records, significantly increasing the leverage of the state in plea negotiations.

Indiana decriminalized marijuana possession in some contexts. What is the current law?

Indiana has NOT legalized or decriminalized marijuana — Indiana remains one of the most restrictive states on marijuana as of 2025. Indiana law under I.C. § 35-48-4-11: possession of marijuana (fewer than 30 grams) is a Class B misdemeanor (up to 180 days in jail and $1,000 fine) for a first offense. Possession of 30 grams or more is a Level 6 felony. Dealing or manufacturing: Level 6 felony (base); elevated to Level 5 or higher depending on quantity and circumstances. Indiana has not passed any medical marijuana program, recreational marijuana program, or even a meaningful decriminalization measure for small amounts. Indiana's position sharply contrasts with neighboring Illinois (which legalized recreational marijuana in 2020) and Michigan (which legalized in 2018). The border dynamic: Indiana residents near Chicago can legally purchase marijuana in Illinois and legally use it in Illinois — but bringing it into Indiana is illegal (trafficking) and using marijuana in Indiana, regardless of where it was purchased or whether it was legally obtained elsewhere, remains a criminal offense. Indiana's CBD hemp: Indiana legalized hemp-derived CBD products under I.C. § 15-15-13 (aligned with the 2018 federal Farm Bill) — CBD products with less than 0.3% THC are legal in Indiana. The line between legal CBD hemp products and illegal low-THC marijuana can be difficult to determine without laboratory testing. Indiana law enforcement has trained officers to distinguish hemp from marijuana, but field tests sometimes cannot distinguish them — creating potential for arrests of persons possessing legal hemp products. For Indiana defendants charged with marijuana offenses: Indiana has a defense if the substance was legal hemp (testing the substance for THC content is critical); a first-offense Class B misdemeanor may be resolvable through Indiana's deferral programs; Level 6 felony marijuana offenses may be eligible for the court's discretionary reduction to misdemeanor at sentencing under I.C. § 35-50-2-7(b).

Criminal Defense Laws in Indiana (2026)

Criminal Defense for Indiana readers: discovery gaps, early leverage, and practical next moves

Clearer statewide criminal defense guidance for Indiana, with a tighter focus on prosecutor timing, discovery gaps, early leverage, and sequence.

Reviewed January 2026 3 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

2014 felony reform: 6 levels (L1: 20-40yr to L6: 6mo-2.5yr) + murder; advisory sentences as starting points; L6 felony can be converted to misdemeanor at court's discretion
Habitual offender enhancement (I.C. § 35-50-2-8): mandatory 6-20 years added for defendants with 2+ prior unrelated felony convictions
Expungement (I.C. § 35-38-9): arrests (1yr), misdemeanors (5yr), L6 felonies (8yr); serious felonies require prosecutor consent — prosecutors can veto expungement for violent offenses
Indiana has NOT decriminalized marijuana: first possession <30g is Class B misdemeanor; border with legal-marijuana Illinois creates confusion and trafficking charges
IRAS risk assessment tool used for pretrial release decisions; preventive detention available for high-risk defendants on serious charges (I.C. § 35-33-8-3.8)

Key Numbers — Indiana All 50 states →

Filing Deadline 2 years

Fault Rule Modified Comparative

Insurance System At-Fault

Key Statute Ind. Code § 34-11-2-4

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Indiana's criminal code (Title 35 of the Indiana Code) underwent a comprehensive reform effective July 1, 2014 — the Indiana Criminal Code Reform, known colloquially as HEA 1006. The reform restructured felony classifications from four classes (A, B, C, D) to six levels (Level 1 through Level 6) with separate murder classification, significantly changed sentencing ranges, eliminated mandatory minimum sentences for many offenses, and expanded community corrections and recovery programs as alternatives to incarceration. The reform's goals included reducing Indiana's prison population (which had grown unsustainably) and focusing incarceration on violent offenders while providing rehabilitation pathways for non-violent drug and property offenders.

The 2014 reform reflects Indiana's pragmatic approach to criminal justice: the state is neither the punitive extreme of some Southern states nor the progressive extreme of the West Coast. Marion County (Indianapolis) dominates Indiana's criminal justice system numerically — the Indianapolis Metropolitan Police Department (IMPD) generates the most arrests in the state, and the Marion County Superior Court Criminal Division handles thousands of felony cases annually. Vanderburgh County (Evansville) and Allen County (Fort Wayne) are the next largest criminal court systems. Lake County (Gary, Hammond, East Chicago) has a criminal justice profile dominated by the industrial northwest Indiana community's challenges with poverty, gang activity, and drug trafficking along the I-90 corridor near Chicago.

Indiana Felony Levels: Post-2014 Framework

Indiana's felony levels (I.C. § 35-50-2-1 et seq.) post-2014: Murder: 45-65 years with advisory of 55 years; no parole for life. Level 1 felony (most serious): 20-40 years with advisory 30 years. Level 2 felony: 10-30 years with advisory 17.5 years. Level 3 felony: 3-16 years with advisory 9 years. Level 4 felony: 2-12 years with advisory 6 years. Level 5 felony: 1-6 years with advisory 3 years. Level 6 felony (least serious felony): 6 months to 2.5 years with advisory 1 year. The advisory sentence is the presumptive starting point; mitigating factors reduce it and aggravating factors increase it within the range. Indiana "habitual offender" enhancement (I.C. § 35-50-2-8): a defendant with two or more prior unrelated felony convictions who is convicted of a new felony faces a habitual offender enhancement of 6-20 years added to the base sentence. The habitual offender status dramatically increases sentences for repeat offenders and has been the subject of significant litigation in Indiana courts regarding what counts as an "unrelated" prior felony and how the enhancement interacts with sentences for the current offense.

Indiana's Expungement Law: The "Second Chance" Reform

Indiana's expungement law (I.C. § 35-38-9-1 et seq.), significantly expanded in 2013 and subsequent amendments, created one of the broader expungement frameworks in the Midwest. Key provisions: (1) Arrests without conviction: petitionable 1 year after the arrest date if no conviction resulted; (2) Misdemeanor convictions: 5 years after conviction date; (3) Class D felony (pre-2014) / Level 6 felony convictions: 8 years after conviction date if the offense was NOT violent and there is no crime of violence in the petitioner's history; (4) Class C, B, A felony (pre-2014) / Level 1-5 felony convictions: 8 years after completion of sentence AND prosecutor consent required for serious violent felonies. Indiana expungement bars: certain offenses are never eligible for expungement — offenses resulting in serious bodily injury; sex offenses requiring registration; official misconduct. The prosecutor consent requirement for serious felonies is a significant limitation — even if 8+ years have passed and the petitioner has lived a law-abiding life, the Marion County prosecutor (or other county prosecutor) can decline to consent, preventing expungement regardless of the petitioner's rehabilitation. Indiana courts cannot override a prosecutor's refusal to consent for violent felonies. The practical availability of expungement for Level 6 (formerly Class D) felonies after 8 years is a meaningful pathway for Indiana residents with older non-violent felony records.

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