As can be seen from the charts above, there is a wide variety of sentencing policies in Indiana. It also raises questions from many customers. How does a judge determine if a sentence for a level 3 felony is 3 years or 16 years? And what does “advisory opinion” mean?
The Indiana Code defines an “advisory judgment” as a guidance judgment that the court may voluntarily consider in imposing a sentence. KI 35-50-2-1.3. In other words, except in certain circumstances, the court need not follow the deliberative judgment. In practice, however, it often serves as a starting point for sentencing. The judge can then sentence an accused to more or less time depending on aggravating or mitigating circumstances. Let’s look at some of these circumstances:
Examples of Level 6 Crimes in Indiana
There are several felonies that would trigger a Level 6 felony charge in Indiana. These include:
- robbery and shoplifting
- operating a vehicle while under the influence,
- possession of narcotics
- theft car
- counterfeiting
- Failing to Register as a Sex Offender
- Forgery and Many Others
Misdemeanor vs. Crimes: Understanding Indiana’s Penal Code Hierarchy
The Indiana legislature has determined that not all crimes carry equal weight. In recognition of this finding, the legislature has defined two main categories of criminal offences: misdemeanors and felonies.
A felony in any state is a crime considered more serious than a misdemeanor. Serious crimes carry more than a year in prison, while misdemeanors carry up to a year. A misdemeanor is any crime for which an accused can be sentenced to less than a year’s imprisonment or even lesser penalties such as a fine or community service. A felony is a more serious crime, punishable by a possible imprisonment of more than a year or even the death penalty.
Level 4, 5, and 6 offenses and offenses
These offenses are not subject to parole.
The judge may decide to stay the entire sentence except the mandatory prison sentence in OVWI if you already had an OVWI conviction.
THE IMPACT OF THE JULY 1, 2014 INDIANA CRIME LAW CHANGE ON INDIANA’S DRUG LAWS
It is important to note that on July 1, 2014, Indiana reorganized its penal code and made several important changes . Among other changes, Class A, B, C, and D crimes have been changed to Level 1, 2, 3, 4, 5, and 6 crimes. Level 1 crimes are the most serious and Level 1 crimes are Level 6 crimes least severe .
But most importantly for this article, the penalties for many drug offenses have been reduced. This article examines Indiana’s drug laws ONLY for drug offenses committed after July 1, 2014. If you are charged with a drug offense committed before this date, the possible charges and penalties will vary.