Indiana Felony Levels and Misdemeanor Classes (2026 Guide)

In Indiana, each offense statute assigns its own label: murder, a Level 1 through Level 6 felony (for crimes committed after June 30, 2014), or a Class A, B or C misdemeanor, and the sentencing ranges for those labels are set in IC 35-50-2 (felonies) and IC 35-50-3 (misdemeanors). For the felony sentencing chapter, a "felony conviction" is one for which the person "might have been imprisoned for more than one (1) year" (IC 35-50-2-1(b)).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Indiana Code's general crime vocabulary (IC 35-31.5-2-75 and 35-31.5-2-215), the felony and misdemeanor sentencing chapters (IC 35-50-2 and 35-50-3), probation violations (IC 35-38-2-3) and infractions (IC 34-28-5). It does not cover how individual offenses are graded (see the Indiana theft laws and Indiana assault and battery laws pages), death penalty and life without parole procedure, time limits for charging a crime, record clearing, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Indiana

Indiana's general definitions chapter treats felonies and misdemeanors together as crimes: "'crime' means a felony or a misdemeanor" (IC 35-31.5-2-75(a)), and "'offense' means a crime. The term does not include an infraction" (IC 35-31.5-2-215(a)). Both definitions apply except as their own subsections provide.

Whether a crime is a felony or a misdemeanor is set by the statute that defines it, which names its level or class. The felony sentencing chapter adds a test of its own, which governs that chapter:

"As used in this chapter, 'felony conviction' means a conviction, at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor under section 7(c) of this chapter." (IC 35-50-2-1(b))

On the misdemeanor side, the highest class, a Class A misdemeanor, carries a fixed term of "not more than one (1) year" (IC 35-50-3-2).

Two numbering systems: levels and classes

Indiana's felony labels depend on when the crime was committed. Crimes committed after June 30, 2014 are graded as Level 1 through Level 6 felonies. Crimes committed before July 1, 2014 keep the older Class A through Class D felony labels, and the sentencing sections still carry both (IC 35-50-2-4 to 35-50-2-7). Murder has its own sentencing section (IC 35-50-2-3).

Indiana felony levels and misdemeanor classes

Every felony section sets a fixed range and an advisory sentence. The table covers crimes committed after June 30, 2014, and the misdemeanor classes.

These are the ranges for the level or class itself; IC 35-50-2-8 sets an additional term for habitual offenders and IC 35-50-2-14 one for repeat sexual offenders, described below. For murder, IC 35-50-2-3(b) also allows death or life without parole for a person who was at least 18 at the time of the murder, and life without parole for a person who was 16 or 17, under section 9 of the chapter, unless a court determines under IC 35-36-9 that the person is an individual with an intellectual disability. The Indiana life sentence page covers what a life without parole sentence means.

The fine in each felony section is worded as an addition to the prison term: "In addition, the person may be fined not more than ten thousand dollars ($10,000)." The misdemeanor sections use the same structure, "in addition, he may be fined not more than" the class amount.

Older felony classes (crimes committed before July 1, 2014)

The level or class of a particular crime comes from its own statute. The Indiana theft laws page shows how theft is graded into these levels, and the Indiana assault and battery laws page covers battery and related offenses.

How a felony sentence is set in Indiana

Indiana felony sentences are fixed terms within the statutory range. The advisory sentence is a reference point, not a presumptive term:

"(a) For purposes of this chapter, 'advisory sentence' means a guideline sentence that the court may voluntarily consider when imposing a sentence. (b) Except as provided in subsection (c), a court is not required to use an advisory sentence." (IC 35-50-2-1.3)

Subsection (c) makes the advisory sentence mandatory in two settings: consecutive sentences "for felony convictions that are not crimes of violence (as defined in IC 35-31.5-2-79) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2," and "an additional fixed term to a repeat sexual offender under section 14 of this chapter" (IC 35-50-2-1.3(c)). The range in the table is the outer limit for the level; the advisory figure is not a prediction of the sentence in any case.

Habitual offenders

The habitual offender statute adds a mandatory additional term on top of the sentence for the new crime. Under IC 35-50-2-8(b), "A person convicted of murder or of a Level 1 through Level 4 felony is a habitual offender if the state proves beyond a reasonable doubt that: (1) the person has been convicted of two (2) prior unrelated felonies; and (2) at least one (1) of the prior unrelated felonies is not a Level 6 felony or a Class D felony." A person convicted of a Level 5 felony qualifies on two prior unrelated felonies, at least one of them not a Level 6 or Class D felony (IC 35-50-2-8(c)), and a person convicted of any felony, including a Level 6 felony, qualifies on three prior unrelated felonies (IC 35-50-2-8(d)). Where a prior is a Level 5 or Level 6 (or Class C or Class D) felony, not more than 10 years may have passed between the person's release from imprisonment, probation or parole (whichever is latest) for at least one of the priors and the new offense (IC 35-50-2-8(c)(3), (d)(2)).

Once the finding is made, the additional term is required:

"The court shall sentence a person found to be a habitual offender to an additional fixed term that is between: (1) eight (8) years and twenty (20) years, for a person convicted of murder or a Level 1 through Level 4 felony; or (2) three (3) years and six (6) years, for a person convicted of a Level 5 or Level 6 felony." (IC 35-50-2-8(i))

The same subsection adds: "An additional term imposed under this subsection is nonsuspendible" (IC 35-50-2-8(i)).

Repeat sexual offenders

For a felony sex offense under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3, a person found to have one prior unrelated felony sex offense conviction may receive "an additional fixed term that is the advisory sentence for the underlying offense," which "may not exceed ten (10) years" (IC 35-50-2-14(a), (e), (f)).

Level 6 felonies entered or converted as misdemeanors

Indiana's version of a wobbler applies to the lowest felony level. Under IC 35-50-2-7(c), when a person has committed a Level 6 felony (or a Class D felony for an older crime), "the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly." The same subsection requires the court to enter the felony instead if:

1. the court finds that the person "has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor" and "the prior felony was committed less than three (3) years before the second felony was committed";
2. the offense is domestic battery as a Level 6 felony (or Class D felony) under IC 35-42-2-1.3; or
3. the offense is possession of child sex abuse material under IC 35-42-4-4(d) (before July 1, 2026) or a child sex abuse material offense under IC 35-42-4-4.5 (after June 30, 2026).

A Level 6 conviction entered as a felony can also be converted later. IC 35-50-2-7(d) lets the sentencing court convert it to a Class A misdemeanor conviction only after receiving a petition as described in subsection (e) and "after conducting a hearing of which the prosecuting attorney has been notified," and only if the court makes the findings the subsection lists. Those findings include that the person "is not a sex or violent offender (as defined in IC 11-8-8-5)," that the conviction did not result in bodily injury to another person, and that at least three years have passed since the person completed the sentence and satisfied any other obligation imposed as part of it, among others. If a person whose conviction was converted under subsection (d) is convicted of a felony within 5 years after the conversion, the prosecuting attorney may petition to convert it back to a felony conviction (IC 35-50-2-7(f)).

A third route is IC 35-38-1-1.5. When a person pleads guilty to a Level 6 felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, the court may, if the prosecuting attorney consents and the person agrees to the conditions the court sets, enter a Level 6 felony conviction "with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor" if the person fulfills those conditions. The court may not convert it if the person commits a new offense before the conditions expire (IC 35-38-1-1.5(a), (c), (d)).

A separate rule covers one Level 5 offense. For nonsupport of a child under IC 35-46-1-5 as a Level 5 felony, the sentencing court may convert the conviction to a Level 6 felony conviction if, after receiving the petition the subsection describes, it makes the findings IC 35-50-2-6(c) requires.

Infractions in Indiana

Infractions sit outside the criminal classes. The definition of offense "does not include an infraction" (IC 35-31.5-2-215(a)). An infraction case is a civil action: "An action to enforce a statute defining an infraction shall be brought in the name of the state of Indiana by the prosecuting attorney for the judicial circuit in which the infraction allegedly took place" (IC 34-28-5-1(a)), and "The plaintiff in an action under this chapter must prove the commission of an infraction or ordinance violation by a preponderance of the evidence" (IC 34-28-5-1(d)).

The judgment ceilings are set by class in IC 34-28-5-4:

How long is probation in Indiana?

Misdemeanors

When a court suspends a misdemeanor sentence, it "may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor." But "the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year" (IC 35-50-3-1(b)). The exception is substance-related: if "the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years" (IC 35-50-3-1(c)). However, probation may not exceed 12 months "in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment" (IC 35-50-3-1(c)).

Felonies

For felonies, the starting rule is that "the court may suspend any part of a sentence for a felony" (IC 35-50-2-2.2(a)). IC 35-50-2-2.2 then limits suspension for the most serious levels:

• Murder and Level 1 felonies. The court "may suspend only that part of a sentence for murder or a Level 1 felony conviction that is in excess of the minimum sentence" (IC 35-50-2-2.2(c)).

• Level 2 felonies. Only the part of the sentence above the minimum may be suspended (IC 35-50-2-2.2(b)(1)).

• Some Level 3 felonies. The same limit applies to a Level 3 felony where the person has "any prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum," or a prior juvenile adjudication of the kind the subsection describes (IC 35-50-2-2.2(b)(2)).

• Habitual offender terms. The additional habitual offender term cannot be suspended (IC 35-50-2-8(i)).

The list above covers IC 35-50-2-2.2 and the habitual offender rule only; it is not a complete list of every limit on probation for a particular offense. The revocation statute supplies one outer limit on felony and misdemeanor probation alike: when probation is reinstated after a petition filed past the end of the probationary period, "the sum of the length of the original probationary period and the reinstated probationary period" may not exceed "the length of the maximum sentence allowable for the offense that is the basis of the probation" (IC 35-38-2-3(j)(1)).

What happens if you violate probation in Indiana?

IC 35-38-2-3 sets the timing, the burden of proof and the options:

• Timing. The court may revoke probation if the person "has violated a condition of probation during the probationary period" and the petition is filed during the probationary period or before the earlier of "One (1) year after the termination of probation" or "Forty-five (45) days after the state receives notice of the violation" (IC 35-38-2-3(a)).
• Burden of proof. "Except as provided in subsection (e), the state must prove the violation by a preponderance of the evidence" (IC 35-38-2-3(f)).
• Unpaid money. "Probation may not be revoked for failure to comply with conditions of a sentence that imposes financial obligations on the person unless the person recklessly, knowingly, or intentionally fails to pay" (IC 35-38-2-3(g)).
• Sanctions. If the petition was filed within the probationary period, the court may "(1) Continue the person on probation, with or without modifying or enlarging the conditions. (2) Extend the person's probationary period for not more than one (1) year beyond the original probationary period. (3) Order execution of all or part of the sentence that was suspended at the time of initial sentencing" (IC 35-38-2-3(h)).
• Late petitions. If the petition was filed after the probationary period expired, the court may reinstate probation within the maximum-sentence limit described above or "order execution of all or part of the sentence that was suspended at the time of the initial sentencing" (IC 35-38-2-3(j)).

Recent changes to Indiana sentencing law

• IC 35-50-2-7 (Level 6 felonies and misdemeanor entry) was amended by P.L.218-2025, SEC.24 and P.L.92-2026, SEC.36. In its current form, subsection (c)(3) refers to possession of child sex abuse material under IC 35-42-4-4(d) for conduct before July 1, 2026 and to a child sex abuse material offense under IC 35-42-4-4.5 after June 30, 2026.
• IC 35-50-2-1.3 (advisory sentence) was amended by P.L.85-2026, SEC.26.
• IC 35-50-2-2.2 (suspension of felony sentences) was last amended by P.L.170-2023, SEC.10.
• IC 35-50-2-4 (Class A and Level 1 felonies) was last amended by P.L.109-2023, SEC.1.

Related legal issues in Indiana

The level of a specific crime comes from its own statute: see how theft is graded in Indiana and the Indiana assault and battery laws. For clearing or sealing an Indiana record, see Indiana expungement laws. For how long prosecutors have to bring charges, see the Indiana statute of limitations.

Federal law, 18 U.S.C. 922(g)(1), bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Indiana theft laws
• Indiana assault and battery laws
• Indiana expungement laws
• Indiana statute of limitations
• How long is a life sentence in Indiana
• Illinois felony and misdemeanor classes

This article provides general legal information about Indiana felony and misdemeanor classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Indiana.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Indiana?

Each offense statute labels the crime as a felony (by level) or a misdemeanor (by class). For the felony sentencing chapter, a felony conviction is one for which the person might have been imprisoned for more than one year (IC 35-50-2-1(b)); a Class A misdemeanor, the highest misdemeanor class, carries a fixed term of not more than 1 year (IC 35-50-3-2).

What are the felony levels in Indiana and how much time does each carry?

For crimes committed after June 30, 2014: Level 1 20 to 40 years (20 to 50 for listed child molesting offenses), Level 2 10 to 30, Level 3 3 to 16, Level 4 2 to 12, Level 5 1 to 6 and Level 6 6 months to 2 1/2 years, each with a fine of up to $10,000; murder is 45 to 65 years, or death or life without parole under IC 35-50-2-3(b) (IC 35-50-2-3 to 35-50-2-7). A habitual offender finding adds a nonsuspendible 8 to 20 years or 3 to 6 years depending on the level (IC 35-50-2-8(i)), and other repeat-offender rules, such as the repeat sexual offender term in IC 35-50-2-14, can add more.

What is a Level 6 felony in Indiana?

It is the lowest felony level, with a fixed term of 6 months to 2 1/2 years, an advisory sentence of 1 year and a fine of up to $10,000 (IC 35-50-2-7(b)). The court may enter judgment as a Class A misdemeanor instead, except in the situations IC 35-50-2-7(c) lists, such as Level 6 domestic battery.

What is a Class A misdemeanor in Indiana?

It is the highest misdemeanor class: a fixed term of not more than 1 year and a fine of not more than $5,000 (IC 35-50-3-2). Jail and probation together may not exceed 1 year (IC 35-50-3-1(b)), unless alcohol or drug use was a contributing factor or material element, which allows probation of up to 2 years where a report supports longer probation for substance abuse treatment (IC 35-50-3-1(c)).

Is an infraction a crime in Indiana?

No. An infraction is enforced through a civil action brought in the state's name and proven by a preponderance of the evidence (IC 34-28-5-1(a), (d)), and the definition of offense in IC 35-31.5-2-215(a) does not include an infraction. Judgments run up to $10,000 (Class A), $1,000 (Class B), $500 (Class C) and $25 (Class D) (IC 34-28-5-4).

Does Indiana have wobblers?

Yes, for the lowest felony level. Under IC 35-50-2-7(c), a court may enter a Level 6 (or older Class D) felony as a Class A misdemeanor, except where the statute requires the felony, IC 35-50-2-7(d) allows a later conversion to a Class A misdemeanor only after a petition under subsection (e), a hearing and the findings the statute lists (a conversion can be reversed on a new felony within 5 years under IC 35-50-2-7(f)), and IC 35-38-1-1.5 lets a court, with the prosecutor's consent and on a guilty plea, enter a Level 6 conviction that converts to a Class A misdemeanor if the person meets the court's conditions.

How long is probation in Indiana?

For a misdemeanor, up to 1 year, with jail and probation combined capped at 1 year, or up to 2 years where alcohol or drug use was a contributing factor or material element and a report supports longer probation for substance abuse treatment (IC 35-50-3-1). For a felony, IC 35-50-2-2.2 limits how much of the sentence may be suspended for the most serious levels, a habitual offender term cannot be suspended (IC 35-50-2-8(i)), and when probation is reinstated after a late-filed violation petition, the original and reinstated periods together may not exceed the maximum sentence for the offense (IC 35-38-2-3(j)).

What happens if you violate probation in Indiana?

If the petition is timely, the state must prove the violation by a preponderance of the evidence, and the court may continue probation with modified or enlarged conditions, extend it by up to 1 year, or order execution of all or part of the suspended sentence (IC 35-38-2-3(a), (f), (h)). Probation may not be revoked for unpaid financial obligations unless the failure to pay is reckless, knowing or intentional (IC 35-38-2-3(g)).