What Is a Felony in Indiana?
A felony is a serious criminal charge that can carry more than one year in jail or prison.
Indiana divides most felonies into six levels. Level 1 is the most serious standard level. Level 6 is the lowest felony level. Murder is covered by a separate sentencing law.
The level of the charge may depend on several facts, including:
- The type of act claimed
- The value of property
- The type or amount of drugs
- The use of a weapon
- The level of injury
- The age or status of the person involved
- The accused person’s prior record
Less serious criminal charges may be filed as misdemeanors. A misdemeanor has a lower possible sentence, but it can still lead to jail, probation, fines, and a criminal record.
Indiana Felony Levels and Possible Sentences
Indiana law sets a sentencing range for each felony level.
| Felony level | Possible sentence |
| Level 1 felony | 20 to 40 years |
| Level 2 felony | 10 to 30 years |
| Level 3 felony | 3 to 16 years |
| Level 4 felony | 2 to 12 years |
| Level 5 felony | 1 to 6 years |
| Level 6 felony | 6 months to 2½ years |
A court may also order a fine of up to $10,000.
These ranges do not predict what will happen in a specific case. The charge, evidence, prior record, plea terms, and other facts may affect the outcome.
Can a Level 6 Felony Become a Misdemeanor?
In some cases, a court may enter a Level 6 felony as a Class A misdemeanor. A felony conviction may also qualify for misdemeanor treatment later under certain conditions.
This does not happen in every case. The type of offense, prior record, and other legal rules must be reviewed first.
Felony Charges We Defend
Many criminal allegations may lead to felony charges. The charge level often depends on the exact facts named in the Indiana statute.
Drug Felony Charges
Drug possession, dealing, manufacturing, or delivery may be charged as a felony. The type and amount of the drug may affect the level.
Other factors may include:
- A prior conviction
- The presence of a firearm
- The location of the alleged act
- A claim that drugs were meant for sale
A defense may examine the traffic stop, search, laboratory testing, and proof of possession.
Felony OWI Charges
Indiana uses the term operating while intoxicated, or OWI. Many people also call this driving under the influence, or DUI.
An OWI may become a felony when the case involves certain prior convictions. A crash that causes serious injury or death may also lead to felony charges.
Felony Theft Charges
A theft allegation may become a felony based on the value or type of property involved. Prior theft convictions may also affect the charge.
These cases may involve:
- Store or security video
- Receipts and payment records
- Phone or online account data
- Ownership records
- Witness statements
Felony Battery Charges
Some battery cases are filed as felonies. The level may depend on the injury, use of a weapon, prior convictions, or the person said to have been harmed.
A defense may review witness accounts, medical records, video, and claims of self-defense.
Domestic Battery Felony Charges
Domestic battery involves a family or household relationship. Some allegations may become felonies because of an injury, past conviction, or other fact listed in the law.
These charges may also lead to:
- No-contact orders
- Housing problems
- Firearm restrictions
- Family law concerns
- Child custody issues
Probation and Protection Order Cases
A new felony arrest may also lead to a probation violation proceeding. This can happen before the new criminal charge is resolved.
A claimed violation of a protection order or no-contact order may result in another charge or a bond issue.
What Happens After a Felony Arrest in Indiana?
The criminal court process may move quickly. Understanding the main steps can help you avoid mistakes.
Arrest, Warrant, or Summons
A felony case may begin with an arrest, a warrant, or a notice to appear in court. Police may also ask questions before formal charges are filed.
You have the right to remain silent. You can ask to speak with a lawyer before answering questions.
Initial Hearing
At the initial hearing, the court states the charge. The judge may also address:
- Bond
- Release conditions
- No-contact orders
- Legal representation
- Future court dates
It is important to understand and follow each court order.
Review of the Evidence
The defense may receive evidence from the state through a process called discovery.
Discovery may include:
- Police reports
- Body-camera video
- Security footage
- Photographs
- Audio recordings
- Witness statements
- Laboratory reports
- Phone or social media data
A lawyer can compare the evidence with the charge and look for missing, weak, or conflicting information.
Motions and Plea Discussions
The defense may ask the court to rule on legal issues before trial. This may include a challenge to a search, statement, identification, or other evidence.
The attorneys may also discuss a plea offer. Any offer should be reviewed with care. The possible sentence and long-term effects both matter.
Trial or Sentencing
The state must prove the charge beyond a reasonable doubt. A person charged with a felony may choose a trial unless the case ends through another legal process.
A conviction or guilty plea leads to sentencing. The judge then applies the law to the facts and record before the court.
Felony Defense for Cases in Lake County
Felony cases may involve several hearings, strict court orders, and large amounts of evidence. Clients may also need help understanding where to appear, what documents to bring, and what they should avoid doing while the case is pending.
From the firm’s Merrillville office, Attorney Roseann P. Ivanovich represents clients in Lake County and across Northwest Indiana. The firm helps clients prepare for hearings, review evidence, consider plea terms, and get ready for trial when needed.
The goal is to give each client clear information and a practical plan for the next stage of the case.
How a Felony Defense Lawyer Reviews the Case
A felony defense should begin with the facts and evidence. It should not begin with an assumption.
Depending on the case, a lawyer may examine the following questions:
- Was the stop, search, or arrest lawful?
- Did police have a valid search warrant?
- Were statements obtained in a lawful way?
- Can the state prove each part of the charge?
- Do the witness accounts match?
- Is the video, phone, or laboratory evidence reliable?
- Did another person own or control the item?
- Can the state prove intent?
- Does self-defense apply?
- Does the felony level match the facts?
Not every issue applies to every case. A careful review helps identify the questions that matter most.
What Should You Do After a Felony Charge?
Do not try to explain the case to the police without legal advice. A statement that seems helpful may later be used against you.
Save any papers, texts, photos, videos, receipts, or account records connected to the case. Write down the names of possible witnesses while the details are still fresh.
Do not delete phone data or social media posts. Deleted content may still be recovered and may create new concerns.
Follow all bond and release rules. Do not contact a person when a court order bars contact. A violation may lead to a new charge, arrest, or bond problem.
Speak with a lawyer as soon as possible. Evidence can disappear, memories can change, and court dates may arrive quickly.
Not Sure What Happens Next?
A felony charge can leave you with questions about bond, court dates, possible sentences, and the evidence against you.
Attorney Roseann P. Ivanovich can review the situation and explain the steps that may come next.
Free Phone Consultation
A Felony Can Affect More Than Your Freedom
A felony conviction can affect many parts of your life. The exact effects depend on the charge and your situation.
Possible consequences may include:
- Jail or prison
- Probation
- Fines and court costs
- Employment problems
- Professional license concerns
- Housing limits
- Loss of firearm rights
- Driving restrictions
- Immigration issues
- Problems in another pending case
Some Indiana criminal records may later qualify for expungement.
Expungement is a court process that can seal or limit public access to certain records. Not every felony qualifies. The offense, case result, waiting period, and criminal history must be reviewed.
What Clients Can Expect From Our Firm
A felony case can feel confusing and personal. Clients deserve clear answers and direct communication.
Attorney Roseann P. Ivanovich has more than 20 years of legal experience. She helps clients understand the charge, prepare for court, and make informed decisions during the case.
Clients can expect:
- Direct Attorney Involvement: Attorney Roseann P. Ivanovich works with clients to understand the facts, concerns, and goals involved in the case.
- Clear Explanations: Legal terms and court steps are explained in plain language. Clients should understand what is happening and why it matters.
- Careful Evidence Review: The firm reviews the evidence and looks for factual or legal issues that may affect the charge.
- Preparation for Each Stage: The firm helps clients prepare for hearings, plea discussions, and trial when necessary.
- Respectful Representation: A criminal charge does not define a person. Clients receive guidance without judgment.
Frequently Asked Questions About Indiana Felony Charges
A felony can carry more than one year in jail or prison. A misdemeanor has a lower possible sentence. Both may lead to jail, probation, fines, and a criminal record.
A charge does not mean that you will be convicted or sent to prison. The result depends on the charge, evidence, prior record, defense, and court decisions.
A felony charge may change when the facts or law do not support it. A plea agreement may also involve a different charge. No reduction or dismissal can be promised.
It may be possible in some cases. The offense, prior record, and other legal rules must be reviewed before this option can be assessed.
You have the right to remain silent and ask for a lawyer. Get legal advice before agreeing to an interview or written statement.
Check all court orders and bond rules first. A no-contact order may ban calls, texts, visits, social media contact, or messages sent through another person.
Some felony records may qualify for expungement, while others do not. Eligibility depends on the offense, case result, waiting period, and criminal history.
Contact an attorney when you learn of an investigation, warrant, arrest, or criminal charge. Early advice may help protect evidence and prevent avoidable mistakes.
Talk With a Merrillville Felony Defense Attorney
A felony charge can affect your freedom, record, and future choices. Get clear answers about the charge, the evidence, and your next court steps.