Misdemeanor vs. Felony in Indiana: Understanding the Differences and Consequences
If you’ve been charged with a crime in Indiana, one of the most important distinctions to understand is whether the charge is a misdemeanor or a felony. The difference between these two categories can significantly impact your freedom, future, and rights.
Misdemeanors generally carry less severe penalties and may result in fines, probation, or short-term jail sentences, while felonies are more serious offenses that can lead to lengthy prison time, loss of rights, and lasting consequences. Understanding these distinctions is crucial for navigating Indiana’s criminal justice system.
In this guide, we’ll break down misdemeanors vs. felonies in Indiana, including penalties, long-term consequences, and legal options for reducing or eliminating a conviction.
What is the Difference Between a Misdemeanor and a Felony in Indiana?
Under Indiana law, crimes are classified into misdemeanors and felonies, with felonies being more serious.
Misdemeanors in Indiana
A misdemeanor is a criminal offense that is less serious than a felony, typically punishable by up to one year in jail and fines up to $5,000.
Misdemeanors in Indiana are categorized into three classes:
Class A Misdemeanor – Up to one year in jail and fines up to $5,000
Example: Battery resulting in bodily injury, DUI with a BAC of 0.15% or higher
Class B Misdemeanor – Up to 180 days in jail and fines up to $1,000
Example: Public intoxication, disorderly conduct
Class C Misdemeanor – Up to 60 days in jail and fines up to $500
Example: Possession of drug paraphernalia, minor alcohol offenses
Misdemeanors do not carry the same life-altering penalties as felonies, but they can still affect employment, housing, and background checks.
Felonies in Indiana
Felonies are serious crimes that result in at least one year in prison and can lead to significant legal and personal consequences.
Felonies are divided into six levels in Indiana:
Level 1 Felony – 20 to 40 years in prison, fines up to $10,000
Example: Aggravated rape, home invasion with serious bodily harm
Level 2 Felony – 10 to 30 years in prison, fines up to $10,000
Example: Armed robbery, drug dealing involving large quantities
Level 3 Felony – 3 to 16 years in prison, fines up to $10,000
Example: Aggravated battery, kidnapping
Level 4 Felony – 2 to 12 years in prison, fines up to $10,000
Example: Burglary, drug trafficking
Level 5 Felony – 1 to 6 years in prison, fines up to $10,000
Example: Theft over $50,000, involuntary manslaughter
Level 6 Felony – 6 months to 2.5 years in prison, fines up to $10,000
Example: Possession of methamphetamine, strangulation
Some Level 6 Felonies may be reduced to misdemeanors at sentencing under certain circumstances.
Key Differences Between Misdemeanors and Felonies in Indiana
| Category | Misdemeanor | Felony |
|---|---|---|
| Definition | Less serious criminal offense | More serious criminal offense |
| Jail/Prison Time | Up to 1 year in jail | 1+ year in prison (up to life) |
| Fines | Up to $5,000 | Up to $10,000 |
| Criminal Record | May impact employment but is less severe | Greater impact on future employment and opportunities |
| Voting Rights | No impact | Felons lose voting rights while incarcerated |
| Gun Rights | No impact (unless related to domestic violence) | Felons lose gun rights permanently |
| Expungement Eligibility | Eligible sooner | More difficult, but possible for some felonies |
| Impact on Housing & Employment | Background checks may show misdemeanor | Felony convictions create barriers to jobs and housing |
Collateral Consequences of Felony Convictions
A felony conviction has consequences far beyond prison time and fines. Some of the most significant long-term effects include:
1. Employment Barriers
Many employers conduct background checks, and a felony conviction can disqualify you from jobs in education, healthcare, and law enforcement.
Some professional licenses may be revoked or denied.
2. Housing Restrictions
Landlords often reject rental applications from individuals with felony convictions.
Public housing options may become unavailable.
3. Loss of Voting & Gun Rights
Felons lose their right to vote while incarcerated (rights are restored upon release).
Felons permanently lose the right to own or possess firearms in Indiana.
4. Immigration Consequences
Non-citizens convicted of felonies may face deportation or be denied citizenship applications.
5. Social Stigma & Difficulty Reintegration
A felony conviction follows you for life, making it difficult to regain a normal lifestyle.
Can You Reduce or Remove a Felony Conviction?
Expungement in Indiana
Indiana allows some misdemeanor and felony convictions to be expunged. If eligible, expungement removes the conviction from public records, making it easier to find work and housing.
Misdemeanors – Expungement is typically available after 5 years.
Level 6 Felonies – May be expunged after 8 years.
Higher-Level Felonies – May be expunged after 10 years, but restrictions apply.
Not all felonies can be expunged, especially violent or sex-related offenses.
Plea Bargaining to Reduce Charges
A skilled defense attorney can negotiate with prosecutors to reduce felony charges to misdemeanors, lowering penalties and avoiding the worst consequences.
Why You Need a Criminal Defense Attorney
If you’re facing misdemeanor or felony charges in Indiana, you need an experienced criminal defense attorney to:
✔️ Fight for reduced charges or dismissals
✔️ Negotiate plea deals that minimize consequences
✔️ Advocate for alternative sentencing or expungement
A conviction—whether misdemeanor or felony—can change your life forever, so don’t leave your case to chance.
📞 Charged with a crime? Call Vining Legal at (317) 759-3225 or schedule a consultation.
Conclusion
Understanding the differences between misdemeanors and felonies in Indiana is essential if you’re facing criminal charges. Even a misdemeanor conviction can have long-term consequences, while felony convictions come with severe penalties, restrictions, and social stigma.
🚀 Protect your future. Call Vining Legal at (317) 759-3225 or schedule a consultation.
