If you or a family member is facing a serious felony charge, you should contact the Indianapolis criminal defense attorneys at Banks & Brower. Banks & Brower will help you solve your case and keep you informed at every step. If you have been arrested on a criminal charge, contact the Indianapolis Criminal Defense Attorneys at Banks & Brower for help with your case. You can call us 24 hours a day, 7 days a week at 317-870-0019.
INDIANA POLICY TABLE FOR MISCONDUCT
Class Conviction Area Potential Fine Class A offense 0 days – 1 year $0 – $5,000 Class B offense 0 days – 180 days $0 – $1,000 Class C offense 0 days – 60 days $0 – $500
As can be seen from the charts above, there is a wide range in Indiana’s sentencing guidelines. 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 rate” mean?
Penalties for Level 6 Offenses and Incidents
Indiana Code § 35-50-2-7 sets out the penalty for an Indiana Level 6 offense. The court can sentence you to between six months and two and a half years in prison and pay a fine of up to $10,000. Under Indiana Code §35-38-3-3, incarceration for a Level 6 felony is generally not in the hands of the Indiana Department of Correction (IDOC). However, the court may order the incarceration of an offender with IDOC if any of the following are true:
- Level 6 crime must be served after the penalty for another offense
- The penalty is increased for the crime, e.g. B. after conviction as a habitual offender
- The court has determined that the offender is a violent offender within the meaning of the law
- The offender has two prior convictions for a crime unrelated to the offense at hand and the Earliest possible release date is more than one year after date of conviction
- The obligation is made pursuant to an agreement between IDOC and the sheriff
No, “full sentence ‘ does not mean the entire period of imprisonment. The total sentence is only the time that the court decides. The court can use this total time in a number of ways. Some of that time could be prison time, or it could be probation time, house arrest time, or probation time.
The total penalty can be divided into an enforcement penalty and a suspended sentence. A executed sentence is not what you might think it is. An served sentence is time served in the Indiana Department of Correction. But on the other hand, not all time served in correctional facilities is prison time. An enforced sentence may be served as a direct commitment to a community corrections program. This means you could be sentenced to jail, but you would actually be serving that sentence for either dismissal from work or house arrest.
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.