If you have been arrested and charged with a Level 6 felony, you may be worried about the consequences of a conviction. In Indiana, a Level 6 felony is one of the most common felony charges and encompasses a broad range of offenses.
Being charged with a felony can be overwhelming. Understanding Level 6 Indiana penalties is essential so you can make informed decisions about your case. This article explains Level 6 felonies, how they differ from misdemeanors, various penalties, and how a conviction can change your life. A qualified Indiana criminal lawyer can explain your options and build a robust defense strategy that protects your future and freedom.
Understanding Level 6 Felonies and Common Offenses in Indiana
In 2014, Indiana restructured the state’s criminal code, transitioning from Class A-D felonies to a Level 1–6 felony classification system. Although the classification system provides maximum and minimum sentencing guidelines, the “advisory” serves as a baseline prison sentence that a judge must consider when determining penalties. The advisory sentence can be adjusted up or down based on aggravating and mitigating factors.
- Level 1: 20 to 40 years (advisory 30), the most serious of all felony offenses
- Level 2: 10 to 30 years (advisory 17.5)
- Level 3: 3 to 16 years (advisory 9)
- Level 4: 2 to 12 years (advisory 6)
- Level 5: 1 to 6 years (advisory 3)
- Level 6: 6 months to 2.5 years (advisory 1), the least serious of all felony offenses
Indiana IC 35-50-2 is the governing statute, with Madison County courts following the same sentencing provisions. Common Level 6 felony charges include:
- Theft, when the value is between $750-$50,000 (IC 35-43-4-2)
- Possession of a controlled substance (IC 35-48-4-7)
- Operating a motor vehicle while under the influence with prior conviction (IC 9-30-5-3)
- Domestic battery with prior conviction (IC 35-42-2-1.3)
- Criminal recklessness (IC 35-42-2-2)
Other criminal offenses charged as Level 6 felonies include auto theft/unauthorized use of a vehicle and specific fraud charges. Violations may be charged at different Indiana felony levels depending on the circumstances, aggravating factors, and the defendant’s prior criminal history.
Sentencing Range and How Level 6 Felonies Differ from Misdemeanors
In Indiana, a Level 6 felony sentence has a fixed range of 6 months to 2.5 years maximum with a one-year advisory sentence (IC 35-50-2-7) and up to $10,000 in fines.
Aside from prior criminal history, other aggravating factors that can lead to a 2.5-year sentence include whether the defendant was in a position of trust and the severity of harm inflicted on a victim.
Mitigating factors that often result in a 6-month sentence include the defendant having no prior criminal record, mental health considerations, cooperation with law enforcement, or playing a minor role in the crime.
The primary difference between a misdemeanor and a felony is the collateral consequences that follow a conviction. Once you are labeled as a convicted felon, it will affect your ability to find employment, housing, and gun rights. Some criminal offenses fall into a legal gray area, with the case facts and defendant’s criminal history determining how the prosecutor files charges.
Reducing a Level 6 Felony to a Misdemeanor and Probation Options
Indiana is one of the few states whose laws allow a Level 6 felony to be reduced to a misdemeanor. Indiana law (IC 35-38-1-1.5) allows a court to enter a judgment of conviction as a Class A misdemeanor instead of a Level 6 felony at sentencing or upon completion of probation.
Factors the court considers include:
- The offense was a Level 6 felony (not elevated from another level)
- The defendant is not a violent or sexual offender
- Reduction is warranted based on the facts of the case
A reduction differs from expungement because it changes the classification of the conviction on your criminal record.
Probation
Your defense attorney can argue for a reduction at sentencing. Indiana courts are more prone to granting supervised or unsupervised probation for Level 6 offenses, especially for first-time offenders. Probation varies from 6 months to 2.5 years and involves regular check-ins, community service, drug testing, restitution, and no new arrests. A violation of probation may result in the court imposing the original suspended sentence.
How a Level 6 Felony Conviction Affects Your Life
Any felony conviction can have devastating consequences on your personal and professional life:
Employment
Most potential employers in Anderson and Madison County run routine background checks that will reveal a felony conviction. Depending on the charges, some professional licenses may be affected or revoked. Indiana has a “ban the box” provision for state employment (IC 22-2-17), which removes criminal history checkboxes for initial state job applications.
Housing
State law allows landlords to deny applications for those who have been convicted of a felony. Additionally, eligibility for public housing may also be restricted.
Firearm Rights
Federal law prohibits convicted felons from possessing firearms, even for those convicted of a Level 6 felony. Even so, under IC 35-38-1-1.5, firearm rights may be restored if the felony is reduced to a misdemeanor (except for domestic violence offenses).
Voting and Other Civil Rights
Under Indiana law, you lose the right to vote while incarcerated but will be automatically restored upon release. Your ability to serve on a jury may also be affected.
Defense Strategies for Level 6 Felony Charges
Indiana criminal attorneys have a wide range of defense strategies that can be used to
fight Level 6 felony allegations, including:
- Challenging the evidence, such as determining if the search was legal or whether statements were coerced
- Negotiating a plea agreement that reduces the felony to a misdemeanor
- Seeking a misdemeanor reduction at sentencing under IC 35-38-1-1.5
- Challenging witness credibility
Other possible defenses include diversion programs and Fourth or Fifth Amendment challenges.
No matter what Level 6 felony charges you may be facing, it is essential that you seek early legal representation. Anderson or Madison County residents should contact Zaki Ali Trial Lawyers today at (1-833-925-4254) to schedule a case evaluation.
