What Are Indiana’s Sentencing Guidelines?

If you are convicted of a crime in Indiana, the state’s sentencing guidelines will apply. Indiana criminal court judges have discretion when imposing a criminal sentence under these guidelines. Understanding these guidelines and being able to argue mitigating factors is one of the characteristics that sets The Criminal Defense Team of Baldwin Perry & Wiley P.C. apart. Our Indianapolis criminal defense lawyers will fight vigorously to defend you. If a conviction cannot be avoided, we continue to fight for the best outcome possible and can represent you during sentencing.  

Overview of Indiana’s Sentencing Guidelines

Indiana’s sentencing guidelines set a range of possible sentences for each level of offense. Misdemeanors are classified into three categories, while felonies are grouped into six categories. For each level of offense, the sentencing statute establishes a minimum and maximum sentence, along with an advisory sentence. Courts can use the advisory sentence as a guideline, but they don’t have to use it as a starting point when determining a particular sentence, except in limited circumstances. This allows the court to have meaningful discretion when sentencing a criminal defendant. 

Recent changes to the guidelines have lowered the maximum felony sentence for certain crimes, aiming to stretch limited financial resources in prisons.

The possible penalties for a misdemeanor conviction under the sentencing statute include:

• Class A misdemeanor – 0 to 365 days in jail, a fine of up to $5,000
• Class B misdemeanor – 0 to 180 days, a fine of up to $1,000
• Class C misdemeanor – 0 to 60 days, a fine of up to $500

The minimum, maximum, and advisory sentence for felonies in Indiana are as follows:

Level of Offense	Minimum Sentence	Maximum Sentence	Advisory Sentence
Level 1 felony	20 to 40 years	30 years	30 Years
Level 2 felony	10 to 30 years	17.5 years	17.5 Years
Level 3 felony	3 to 16 years	9 years	9 Years
Level 4 felony	2 to 12 years	6 years	6 Years
Level 5 felony	1 to 6 years	3 years	3 Years
Level 6 felony	6 months to 2.5 years	1 year	1 Year

Anyone convicted of a felony in Indiana can be charged a fine of up to $10,000. 

The crime of murder is classified separately and carries a potential sentence of 45 to 65 years. There is no advisory sentence.

Aggravating and Mitigating Factors

The sentencing guidelines also contain aggravating and mitigating factors judges consider when determining a sentence. Aggravating factors weigh in favor of harsher penalties and include a criminal history, serious bodily injury occurring, and the perceived vulnerability of the alleged victim. Mitigating factors weigh in favor of lighter sentences, including those below the advisory sentence. Mitigating factors could include the absence of significant harm, provocation by the alleged victim, a strong character, or less involvement in the crime. 

An experienced criminal defense lawyer from our firm will work zealously to minimize the impact of aggravating factors and highlight mitigating factors. Our experience as former prosecutors and board-certified criminal trial specialists gives us unique insight into how to craft compelling arguments at sentencing to minimize the impact of a criminal conviction on a defendant. 

Contact Our Criminal Defense Lawyers for Legal Assistance 

The Criminal Defense Team fights to reduce potential sentences. We understand the high stakes involved and work tirelessly to prevent a conviction from occurring in the first place. When that’s not possible, we fight to ensure you are treated fairly and all relevant factors are considered at your sentencing. Learn how we can help when you call (317) 687-8326 for a free case review.