Typically every state has its own version of criminal sentences and credit time allotments associated with various criminal charges if found guilty. Finding the right Indiana criminal lawyer could make a significant difference in the sentence you receive if found guilty. Below is the Indiana criminal sentencing chart outlining the level of offense and the potential sentencing range a person could receive:
*Note: (min is defined as the minimum possible sentence under statute; adv is defined as the advisory sentence which is where a judge would start at a sentencing hearing before determining mitigating and aggravating factors; max is defined as the maximum possible sentencing under statute)
Offense Level Sentence Range (min. – adv. – max.)
Murder 45 – 55 – 65 years
Level 1 20 – 30 – 40 years
Level 2 10 – 17.5 – 30 years
Level 3 3 – 9 – 16 years
Level 4 2 – 6 – 12 years
Level 5 1 – 3 – 6 years
Level 6 0.5 – 1 – 2.5 years
A Misdemeanor 0 – 365 days
B Misdemeanor 0 – 180 days
C Misdemeanor 0 – 60 days
If found guilty of any felony offense level above, you would be subject to the sentencing range outlined in the chart. If your case did not result in a set term plea agreement, then you would be subject to an open sentencing hearing where a judge would decide the length of your sentence as well as placement. In any open sentence determination, the parties would present evidence in their favor outlining what statutory mitigators and aggravators are present to aid the judge in determining whether to sentence an individual at, below or above the advisory sentence. Indiana criminal lawyer Kevin Potts has conducted hundreds of sentencing hearings as a former deputy prosecutor and has the statutory knowledge of Indiana’s sentencing guidelines, aggravating and mitigating factors as well as various treatment programs available to provide you with the best opportunity, if found guilty, to receive a beneficial sentence under law.
Under Indiana’s felony sentencing statute I.C. 35-50-2 credit time is applied differently depending on the level of felony offense. Under the new statute, credit time is divided into classes. Below is a chart outlining the class of credit time, the felony offenses to which they apply, and the credit time allotments:
Credit Time Class Offense Level Credit Time Actual Sentence
A Misdemeanor & 1 day credit for 1 50%
Level 6 Felony day served
B Level 1-5 Felonies 1 day credit for 3 75%
days served
C Credit Restricted 1 day credit for 6 85.7%
Felon days served
D No Credit 100%
If you or someone you know is facing criminal charges in Indiana, it is imperative you contact an experienced Indiana criminal lawyer to advise you of your legal options moving forward. Kevin Potts, owner of Potts Law LLC has the statutory knowledge and litigation experience necessary to afford you the best possible outcome in your criminal case. Contact Potts Law LLC today for your free consultation: 317-951-0087 or fill out the convenient online form.
