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.

Felony levels in Indiana, with prison ranges and fines
ClassPrisonFineThe law
Murder45 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 $10,000Ind. Code § 35-50-2-3(a), (b)1
Level 1 felony20 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 $10,000Ind. Code § 35-50-2-4(b), (c)1
Level 2 felony10 to 30 years (advisory sentence 17 1/2 years)Up to $10,000Ind. Code § 35-50-2-4.51
Level 3 felony3 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 $10,000Ind. Code § 35-50-2-5(b)1
Level 4 felony2 to 12 years (advisory sentence 6 years)Up to $10,000Ind. Code § 35-50-2-5.51
Level 5 felony1 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 $10,000Ind. Code § 35-50-2-6(b)1
Level 6 felony6 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 $10,000Ind. Code § 35-50-2-7(b), (c)1

Misdemeanor classes in Indiana

Misdemeanor classes in Indiana, with jail ranges and fines
ClassJailFineThe law
Class A misdemeanorUp to 1 yearJail and fine can be combined.Up to $5,000Ind. Code § 35-50-3-21
Class B misdemeanorUp to 180 daysJail and fine can be combined.Up to $1,000Ind. Code § 35-50-3-31
Class C misdemeanorUp to 60 daysJail and fine can be combined.Up to $500Ind. 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.

Spot something out of date? Tell us at contact@secondchanceindex.com.

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.

  1. Ind. Code § 35-50-2-1(b); Ind. Code § 35-31.5-2-130
  2. Ind. Code §§ 9-30-5-1 to 9-30-5-5
  3. Ind. Code § 35-50-2-3 MurderIndiana General Assembly
  4. Ind. Code § 35-50-2-4 Class A felony; Level 1 felonyIndiana General Assembly
  5. Ind. Code § 35-50-2-4.5 Level 2 felonyIndiana General Assembly
  6. Ind. Code § 35-50-2-5 Class B felony; Level 3 felonyIndiana General Assembly
  7. Ind. Code § 35-50-2-5.5 Level 4 felonyIndiana General Assembly
  8. Ind. Code § 35-50-2-6 Class C felony; Level 5 felony; commission of nonsupport of child as Class D felonyIndiana General Assembly
  9. Ind. Code § 35-50-2-7 Class D felony; Level 6 felony; judgment of conviction entered as a misdemeanorIndiana General Assembly
  10. Ind. Code § 35-50-3-2 Class A misdemeanorIndiana General Assembly
  11. Ind. Code § 35-50-3-3 Class B misdemeanorIndiana General Assembly
  12. Ind. Code § 35-50-3-4 Class C misdemeanorIndiana General Assembly
  13. Ind. Code § 35-31.5-2-130 "Felony conviction"Indiana General Assembly
  14. Ind. Code § 35-43-4-2 TheftIndiana General Assembly
  15. Ind. Code § 9-30-5-1 Class C misdemeanor; defenseIndiana General Assembly
  16. Ind. Code § 9-30-5-2 Class A misdemeanorIndiana General Assembly
  17. Ind. Code § 9-30-5-4 Classification of offense; serious bodily injuryIndiana General Assembly
  18. Ind. Code § 9-30-5-5 Penalties; death or catastrophic injury; death of a law enforcement animalIndiana General Assembly
  19. Various animal-related matters (H.E.A. 1165, P.L. 80-2026)Indiana Judicial Branch (legislativeupdate.courts.in.gov)
  20. Various criminal law matters (H.E.A. 1249, P.L. 158-2026)Indiana Judicial Branch (legislativeupdate.courts.in.gov)