What are Indiana Sentencing Guidelines?
Indiana’s sentencing guidelines are a set of rules that judges use to determine the appropriate sentence for a convicted criminal. These guidelines are based on the severity of the crime, the criminal history of the offender, and other factors.
The guidelines are designed to ensure that sentences are fair and consistent. However, judges have some discretion to deviate from the guidelines in certain cases, meaning that similar crimes may result in different sentences.
Why are Sentencing Guidelines Important?
Indiana divides felonies into six different types, each coming with their own set of sentencing guidelines to follow. Each level of offense comes with a sentencing statute that sets a minimum and maximum sentence, as well as an advisory sentence.
Judges can then utilize their discretion to choose an appropriate sentence for the offender. No two offenses are the same, therefore no two sentences are the same. Judges can take that into consideration when looking at prior criminal history, the severity of the crime, as well as other extenuating factors.
Types of Felonies in Indiana
As expected, these guidelines will include harsher punishments for those facing felony convictions as opposed to those facing misdemeanor convictions.
Please note that the following table is not comprehensive and does not include all felony offenses.
| Level of Felony Offense | Sentencing Range | Advisory Sentence | Type of Crime |
| Murder | 45 to 55 years | None | Murder |
| Level 1 Felony | 20 to 40 years | 30 years | Aggravated rape by use of deadly force or weapon, drug dealing resulting in death, home invasion resulting in serious bodily injuries |
| Level 2 Felony | 10 to 30 years | 17.5 years | Voluntary manslaughter, child sex trafficking, and kidnapping for ransom |
| Level 3 Felony | 3 to 16 years | 9 years | Aggravated battery causing serious injury to another, fleeing police in a vehicle resulting in death to another, child molestation |
| Level 4 Felony | 2 to 12 years | 6 years | Arson, unlawful firearm possession by a serious violent felon |
| Level 5 Felony | 1 to 6 years | 3 years | Involuntary manslaughter, robbery, criminal recklessness involving a weapon |
| Level 6 Felony | 6 months to 2.5 years | 1 year | Stalking, strangulation, vehicle theft |
In addition to incarceration, judges may impose a fine of up to $10,000 for any level of felony offense. Indiana also recognizes a “habitual offender law” that imposes an additional 2 to 20 years for offenders sentenced to a third or subsequent felony conviction.
Misdemeanors in Indiana
Indiana sentencing guidelines for misdemeanors carry lesser jail time and fines than a felony conviction. Again, judges can exercise their discretion when sentencing misdemeanor offenders.
| Level of Offense | Sentencing Range | Fines |
| Class A Misdemeanor | 0 to 365 days | $5,000 |
| Class B Misdemeanor | 0 to 180 days | $1,000 |
| Class C Misdemeanor | 0 to 60 days | $500 |
In some criminal cases, attorneys can advocate for alternative misdemeanor sentencing. This would allow judges to reduce or convert a Level 6 Felony to a Class A Misdemeanor under certain circumstances. Many defendants with prior felony convictions do not qualify for alternative misdemeanor sentencing. Contacting a knowledgeable criminal defense attorney to assist in your criminal case could result in a lesser sentence.
Factors Affecting Your Sentence
Judges in Indiana are equipped with these sentencing guidelines to ensure that each defendant receives a fair and just sentence. Judges in the state can take additional factors into account when determining a defendant’s sentence. Aggravating and mitigating factors for sentencing state that the court may impose a sentence higher or lower than the given advisory sentence.
Aggravating factors are circumstances that make a crime more serious or heinous. They are often used by judges to justify harsher sentences. These factors can include:
- Prior criminal history
- Severity of the crime
- Victims vulnerability
Whereas, mitigating factors are typically used in defense of a lesser sentence. It allowed judges to look at things like:
- Lack of prior criminal history
- Acceptance of responsibility
- Cooperation with authorities
- Mental health issues
- Substance abuse
- Family circumstances
Murder comes with its own list of aggravating and mitigating factors for the judge to look at when determining sentencing.
Can a Lawyer Help with Sentencing in Indiana?
Understanding Indiana’s complex sentencing guidelines is crucial for anyone facing criminal charges. Protect your rights and your future. Consult with our experienced criminal defense attorneys at The Law Office of B.D. Williams to navigate the legal system and fight for the best possible outcome.
Schedule a free consultation today to discuss your case and learn how we can help.
