Indiana Criminal Code Overview: Felonies, Misdemeanors, and Infractions

Indiana's criminal code establishes three tiers of offense — felonies, misdemeanors, and infractions — each carrying distinct penalties, procedural rights, and collateral consequences. The governing statute is Indiana Code Title 35, maintained by the Indiana Legislative Services Agency and published by the Indiana General Assembly. Understanding how these classifications operate is essential for anyone navigating the Indiana criminal court process, whether as a defendant, victim, attorney, or researcher.

Definition and scope

Indiana Code Title 35 defines criminal offenses and assigns them to classification levels based on the severity of the conduct and the maximum authorized penalty (Indiana Code Title 35, Indiana General Assembly). The three primary categories are:

Felonies — the most serious offenses, subdivided into six levels plus murder
Misdemeanors — intermediate offenses, subdivided into three classes
Infractions — civil penalty violations that do not carry incarceration

This classification system was substantially restructured by Indiana's 2014 criminal code reform, which replaced the older A/B/C/D felony framework with a six-level numerical scheme under Indiana Code § 35-50-2. The reform was intended to calibrate sentences more precisely to offense severity and to reduce incarceration for lower-level nonviolent conduct.

Scope and coverage limitations: This page addresses Indiana state criminal law as codified under Indiana Code Title 35 and prosecuted in Indiana state courts. It does not cover federal criminal offenses under Title 18 of the U.S. Code, tribal criminal jurisdiction, or municipal ordinance violations. For the intersection of state and federal authority, the regulatory context for Indiana's legal system provides structural framing of how those jurisdictions relate. Indiana's 92 counties may also have local ordinances imposing civil penalties, but those are not comprehensively addressed here.

How it works

Felony Classification

Indiana Code § 35-50-2 establishes six numbered felony levels plus the separate category of murder (Indiana Code § 35-50-2):

Murder — carries an advisory sentence of 55 years, with a range of 45 to 65 years
Level 1 Felony — advisory sentence of 30 years; range 20–40 years
Level 2 Felony — advisory sentence of 17.5 years; range 10–30 years
Level 3 Felony — advisory sentence of 9 years; range 3–16 years
Level 4 Felony — advisory sentence of 6 years; range 2–12 years
Level 5 Felony — advisory sentence of 3 years; range 1–6 years
Level 6 Felony — advisory sentence of 1 year; range 6 months to 2.5 years

The Level 6 felony is the entry point into felony territory and in some circumstances may be converted to a Class A misdemeanor at the court's discretion under Indiana Code § 35-50-2-7.

Misdemeanor Classification

Indiana Code § 35-50-3 governs misdemeanor penalties across three classes:

Class A Misdemeanor — up to 1 year in county jail and a fine up to $5,000
Class B Misdemeanor — up to 180 days in county jail and a fine up to $1,000
Class C Misdemeanor — up to 60 days in county jail and a fine up to $500

Infractions

Infractions under Indiana Code § 34-28-5 are civil in nature. No jail term attaches. Fines are capped at $10,000 for the most serious infractions (Class A), though most traffic infractions carry substantially lower amounts. Because infractions are civil rather than criminal, defendants do not carry the constitutional right to appointed counsel that attaches to criminal charges potentially resulting in incarceration.

The Indiana sentencing framework also integrates aggravating and mitigating circumstances, which judges weigh when departing from the advisory sentence. For a detailed breakdown of how those factors operate, see the Indiana sentencing guidelines reference.

Common scenarios

The classification system applies across a wide range of conduct. Representative examples illustrate how offense level maps to real-world charges:

Felony examples:
- Murder — intentional killing under Indiana Code § 35-42-1-1
- Level 1 Felony — child molesting involving deviate sexual conduct (Indiana Code § 35-42-4-3)
- Level 3 Felony — robbery resulting in bodily injury (Indiana Code § 35-42-5-1)
- Level 5 Felony — battery resulting in serious bodily injury (Indiana Code § 35-42-2-1)
- Level 6 Felony — theft of property valued between $750 and $50,000 (Indiana Code § 35-43-4-2)

Misdemeanor examples:
- Class A Misdemeanor — operating a vehicle while intoxicated (first offense, no enhancement) under Indiana Code § 9-30-5-2
- Class B Misdemeanor — disorderly conduct under Indiana Code § 35-45-1-3
- Class C Misdemeanor — possession of a false identification document under Indiana Code § 35-43-5-4

Infraction examples:
- Speeding violations under Indiana Code § 9-21-5
- Seatbelt violations under Indiana Code § 9-19-10

A key contrast: a Class A misdemeanor and a Level 6 felony both carry maximum incarceration near one year, but the felony classification triggers consequences the misdemeanor does not — including loss of voting rights while incarcerated, firearm restrictions, and potential barriers to professional licensing. Those collateral consequences are addressed in the Indiana expungement law and Indiana legal rights for residents sections.

Decision boundaries

Several structural thresholds determine which classification applies and how it is processed:

Felony vs. misdemeanor boundary: Sentence exposure above 1 year in prison is the formal dividing line. Level 6 felonies, though nominally felonies, may be sentenced within the misdemeanor range when the court exercises its discretion under Indiana Code § 35-50-2-7 to enter a Class A misdemeanor conviction instead.

Criminal vs. infraction boundary: The presence or absence of potential incarceration is determinative. Infractions carry no imprisonment; criminal charges — even Class C misdemeanors — do. This distinction controls whether constitutional protections including the right to a jury trial under the Sixth Amendment and the right to appointed counsel under Gideon v. Wainwright, 372 U.S. 335 (1963), attach.

Sentence enhancement triggers: Indiana Code Title 35 contains enhancement provisions that elevate offense levels when specific factors are present — prior convictions, use of a deadly weapon, the victim's status (child, public safety officer), or the location of the offense (school zone). A base Level 5 felony battery charge, for example, elevates to Level 3 if the victim is a child under 14 and the defendant is an adult.

Prosecutorial discretion and charging: The Indiana prosecutor's charging decision formally determines the initial classification, though courts retain authority to reduce charges at sentencing under specific statutory provisions. The role of the prosecutor in this process is detailed in the Indiana prosecutor role reference. Defendants seeking to understand rights at each stage of the process should consult the Indiana due process rights and Indiana public defender system sections.

For a broader orientation to how criminal classification fits within the full structure of Indiana law — including civil and regulatory dimensions — the Indiana Civil vs. Criminal Law reference provides comparative framing. The full landscape of Indiana statutory authority is catalogued in the Indiana Statutes and Codes section, which also covers Title 35 in relation to other code titles. Additional context on how courts process criminal matters is available through the Indiana Legal Services Authority home.

References

📜 16 regulatory citations referenced · 🔍 Monitored by ANA Regulatory Watch · View update log

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