Charges and sentences
Felony and misdemeanor classes in Indiana
Indiana grades felonies as murder and Levels 1 through 6 (Level 1 is the most serious and Level 6 the least) and misdemeanors as Class A, B or C. Crimes committed before July 1, 2014 were graded as Class A through D felonies instead. Level 6 felonies can be reduced to Class A misdemeanors in some cases.1
Checked October 29, 2026 against Indiana's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- Indiana's sentencing chapter counts a conviction as a felony conviction if the person might have been imprisoned for more than one year. Felonies are murder and Level 1 through Level 6 felonies. Class A misdemeanors carry up to one year.1
- Felony theft starts at
- $750How theft is graded
- When a OWI is a felony
- A Level 6 felony if the person has an earlier OWI conviction within the previous 7 years. It is a Level 5 felony if the person has an earlier conviction for OWI causing death or catastrophic injury, or causing serious bodily injury.2
Felony levels in Indiana
From most to least serious: Murder, Level 1, Level 2, Level 3, Level 4, Level 5, Level 6. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Murder | 45 to 65 years (advisory sentence 55 years)A person who was at least 18 at the time can instead be sentenced to death or life in prison without parole under section 9 of the chapter. A person who was 16 or 17 can be sentenced to life without parole. Murder is not graded as a Level. | Up to $10,000 | Ind. Code § 35-50-2-3(a), (b)1 |
| Level 1 felony | 20 to 40 years (advisory sentence 30 years)Certain Level 1 child molesting offenses carry 20 to 50 years. For crimes committed before July 1, 2014, the matching grade is a Class A felony, with 20 to 50 years. | Up to $10,000 | Ind. Code § 35-50-2-4(b), (c)1 |
| Level 2 felony | 10 to 30 years (advisory sentence 17 1/2 years) | Up to $10,000 | Ind. Code § 35-50-2-4.51 |
| Level 3 felony | 3 to 16 years (advisory sentence 9 years)For crimes committed before July 1, 2014, the matching grade is a Class B felony, with 6 to 20 years. | Up to $10,000 | Ind. Code § 35-50-2-5(b)1 |
| Level 4 felony | 2 to 12 years (advisory sentence 6 years) | Up to $10,000 | Ind. Code § 35-50-2-5.51 |
| Level 5 felony | 1 to 6 years (advisory sentence 3 years)For crimes committed before July 1, 2014, the matching grade is a Class C felony, with 2 to 8 years. | Up to $10,000 | Ind. Code § 35-50-2-6(b)1 |
| Level 6 felony | 6 months to 2 1/2 years (advisory sentence 1 year)A court may enter the conviction as a Class A misdemeanor instead, with some exceptions (for example domestic battery). For crimes committed before July 1, 2014, the matching grade is a Class D felony, with 6 months to 3 years. | Up to $10,000 | Ind. Code § 35-50-2-7(b), (c)1 |
Misdemeanor classes in Indiana
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 1 yearJail and fine can be combined. | Up to $5,000 | Ind. Code § 35-50-3-21 |
| Class B misdemeanor | Up to 180 daysJail and fine can be combined. | Up to $1,000 | Ind. Code § 35-50-3-31 |
| Class C misdemeanor | Up to 60 daysJail and fine can be combined. | Up to $500 | Ind. Code § 35-50-3-41 |
Good to know
Crimes committed before July 1, 2014 are graded as Class A through Class D felonies, and those grades still apply to old cases. Class A is 20 to 50 years, Class B is 6 to 20, Class C is 2 to 8 and Class D is 6 months to 3 years.1
For a Level 6 felony, a court may enter judgment as a Class A misdemeanor, and may later convert the conviction to a Class A misdemeanor if the person meets set conditions. The court must keep the felony in some cases, such as domestic battery or a second Level 6 felony within three years of an earlier one reduced this way.1
When theft is a felony in Indiana
In Indiana, theft of property worth at least $750 is a Level 6 felony, and theft of $50,000 or more is a Level 5 felony. Theft of less than $750 is a Class A misdemeanor unless a special rule applies: it is a Level 6 felony if the person has an earlier unrelated conviction for theft, criminal conversion, robbery or burglary, or if the property is a motor vehicle, a car part or (since July 1, 2026) a domestic animal, and a Level 5 felony if the property is a firearm.1
Ind. Code § 35-43-4-2(a) · Felony theft amounts in every state
OWI in Indiana
Indiana calls it operating a vehicle while intoxicated (OWI), the title of Chapter 5 of Article 30 of Title 9. A first offense is a misdemeanor.
- Repeat offenses
- A Level 6 felony if the person has an earlier OWI conviction within the previous 7 years. It is a Level 5 felony if the person has an earlier conviction for OWI causing death or catastrophic injury, or causing serious bodily injury.
- Which past offenses count
- 7 years for an earlier OWI conviction to make a new OWI a Level 6 felony. There is no time limit stated for earlier convictions that caused death, catastrophic injury or serious bodily injury.
- Other felony versions
- Causing serious bodily injury while operating intoxicated is a Level 5 felony, or a Level 4 felony with an earlier OWI conviction in the past 5 years. Causing a death or catastrophic injury is a Level 4 felony. Causing the death of a law enforcement animal is a Level 6 felony. Intoxicated driving by a person 21 or older with a passenger under 18 is a Level 6 felony when the blood alcohol level is at least 0.15, a Schedule I or II drug is in the blood, or the driving endangers a person.
Ind. Code §§ 9-30-5-1 to 9-30-5-52 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Indiana?
Indiana's sentencing chapter counts a conviction as a felony conviction if the person might have been imprisoned for more than one year. Felonies are murder and Level 1 through Level 6 felonies. Class A misdemeanors carry up to one year.
What is a Murder in Indiana?
In Indiana, the prison range for a Murder is 45 to 65 years (advisory sentence 55 years), and the fine is up to $10,000. A person who was at least 18 at the time can instead be sentenced to death or life in prison without parole under section 9 of the chapter. A person who was 16 or 17 can be sentenced to life without parole. Murder is not graded as a Level.
What is a Level 1 felony in Indiana?
In Indiana, the prison range for a Level 1 felony is 20 to 40 years (advisory sentence 30 years), and the fine is up to $10,000. Certain Level 1 child molesting offenses carry 20 to 50 years. For crimes committed before July 1, 2014, the matching grade is a Class A felony, with 20 to 50 years.
What is a Level 2 felony in Indiana?
In Indiana, the prison range for a Level 2 felony is 10 to 30 years (advisory sentence 17 1/2 years), and the fine is up to $10,000.
What is a Level 3 felony in Indiana?
In Indiana, the prison range for a Level 3 felony is 3 to 16 years (advisory sentence 9 years), and the fine is up to $10,000. For crimes committed before July 1, 2014, the matching grade is a Class B felony, with 6 to 20 years.
What is a Level 4 felony in Indiana?
In Indiana, the prison range for a Level 4 felony is 2 to 12 years (advisory sentence 6 years), and the fine is up to $10,000.
What is a Level 5 felony in Indiana?
In Indiana, the prison range for a Level 5 felony is 1 to 6 years (advisory sentence 3 years), and the fine is up to $10,000. For crimes committed before July 1, 2014, the matching grade is a Class C felony, with 2 to 8 years.
What is a Level 6 felony in Indiana?
In Indiana, the prison range for a Level 6 felony is 6 months to 2 1/2 years (advisory sentence 1 year), and the fine is up to $10,000. A court may enter the conviction as a Class A misdemeanor instead, with some exceptions (for example domestic battery). For crimes committed before July 1, 2014, the matching grade is a Class D felony, with 6 months to 3 years.
What is a Class A misdemeanor in Indiana?
In Indiana, the jail range for a Class A misdemeanor is up to 1 year, and the fine is up to $5,000. Jail and fine can be combined.
What is a Class B misdemeanor in Indiana?
In Indiana, the jail range for a Class B misdemeanor is up to 180 days, and the fine is up to $1,000. Jail and fine can be combined.
What is a Class C misdemeanor in Indiana?
In Indiana, the jail range for a Class C misdemeanor is up to 60 days, and the fine is up to $500. Jail and fine can be combined.
How much theft is a felony in Indiana?
In Indiana, theft of property worth at least $750 is a Level 6 felony, and theft of $50,000 or more is a Level 5 felony. Theft of less than $750 is a Class A misdemeanor unless a special rule applies: it is a Level 6 felony if the person has an earlier unrelated conviction for theft, criminal conversion, robbery or burglary, or if the property is a motor vehicle, a car part or (since July 1, 2026) a domestic animal, and a Level 5 felony if the property is a firearm.
These are the general ranges in Indiana's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Indiana" https://secondchanceindex.com/felony-classes/indiana, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Ind. Code § 35-50-2-1(b); Ind. Code § 35-31.5-2-130
- Ind. Code §§ 9-30-5-1 to 9-30-5-5
- Ind. Code § 35-50-2-3 MurderIndiana General Assembly
- Ind. Code § 35-50-2-4 Class A felony; Level 1 felonyIndiana General Assembly
- Ind. Code § 35-50-2-4.5 Level 2 felonyIndiana General Assembly
- Ind. Code § 35-50-2-5 Class B felony; Level 3 felonyIndiana General Assembly
- Ind. Code § 35-50-2-5.5 Level 4 felonyIndiana General Assembly
- Ind. Code § 35-50-2-6 Class C felony; Level 5 felony; commission of nonsupport of child as Class D felonyIndiana General Assembly
- Ind. Code § 35-50-2-7 Class D felony; Level 6 felony; judgment of conviction entered as a misdemeanorIndiana General Assembly
- Ind. Code § 35-50-3-2 Class A misdemeanorIndiana General Assembly
- Ind. Code § 35-50-3-3 Class B misdemeanorIndiana General Assembly
- Ind. Code § 35-50-3-4 Class C misdemeanorIndiana General Assembly
- Ind. Code § 35-31.5-2-130 "Felony conviction"Indiana General Assembly
- Ind. Code § 35-43-4-2 TheftIndiana General Assembly
- Ind. Code § 9-30-5-1 Class C misdemeanor; defenseIndiana General Assembly
- Ind. Code § 9-30-5-2 Class A misdemeanorIndiana General Assembly
- Ind. Code § 9-30-5-4 Classification of offense; serious bodily injuryIndiana General Assembly
- Ind. Code § 9-30-5-5 Penalties; death or catastrophic injury; death of a law enforcement animalIndiana General Assembly
- Various animal-related matters (H.E.A. 1165, P.L. 80-2026)Indiana Judicial Branch (legislativeupdate.courts.in.gov)
- Various criminal law matters (H.E.A. 1249, P.L. 158-2026)Indiana Judicial Branch (legislativeupdate.courts.in.gov)