Levels of Crimes

Dear Sheriff: Can you explain the different levels of crimes, some examples of each, and the potential punishments for each in the Indiana criminal justice system?

Answer: There are misdemeanors and felonies and different levels for each based on the seriousness of the crime. Misdemeanors are the least serious level and are divided into three categories. Examples I provide do not include all possible crimes or scenarios.

For penalties on lesser crimes, sentences/fines can be fully or partially suspended and probation may be instituted according to law at the judge’s discretion.

A class C misdemeanor is the least serious of the criminal violations and a person can be imprisoned for not more than 60 days and may be fined not more than $500. Examples would be speeding-reckless driving (25mph or over on the speed limit) and driving under the influence (DUI) if it is the person’s first DUI offense and the person’s blood alcohol content (BAC) is over .08 but less than .15.

A person who commits a class B misdemeanor can be imprisoned for not more than 180 days and may be fined not more than $1,000. Examples would be criminal mischief (vandalism) under $750 and battery (assault) on another person without injury.

A person who commits a class A misdemeanor can be imprisoned for more than one year and may be fined not more than $5,000. Examples would be theft under certain amounts, domestic battery and criminal mischief over $750 but under $50,000 and trespassing.

Misdemeanor and level 6 felony convictions, resulting in confinement, are often completed at the local jail, whereas other felony convictions resulting in incarceration are often carried out at a state prison.

The use of a firearm or vehicle in the commission of a crime, or causing bodily injury or serious bodily injury, or a crime directed toward a child, will often cause the crime to be elevated to a higher level, often a felony.

Felonies are divided into seven categories and are the most serious of crimes. These categories are:

A level 6 felony is the lowest level of felony in Indiana. It carries a penalty of 6 months-2 1/2 years in prison and a fine of up to $10,000.00. Examples are criminal mischief with loss of at least $50,000 and battery causing bodily injury and theft over certain amounts.

A level 5 felony carries a penalty of 1-6 years in prison and a fine of up to $10,000.00. Examples are burglary of a building and reckless homicide.

A level 4 felony carries a penalty of 2-12 years in prison and a fine of up to $10,000.00. An example is burglary of a dwelling.

A Level 3 felony carries a penalty of 3-16 years in prison and a fine of up to $10,000.00. Examples are aggravated battery causing a substantial risk of death of an adult and arson with injury.

A Level 2 felony carries a penalty of 10-30 years in prison and a fine of up to $10,000.00. An example is voluntary manslaughter.

A Level 1 felony carries a penalty of 20-40 years in prison and a fine of up to $10,000.00. An example is aggravated battery causing the death of a child less than 14 years of age.

Murder is the most serious charge one can face under Indiana law. The sentence for a murder conviction is 45-65 years in prison and a fine of up to $10,000.00. In certain cases a murder conviction can result in a sentence of life in prison without the possibility of parole. Murder is also a capital offense, meaning that in certain cases a murder conviction can result in the death penalty being imposed.

Ask-the-Sheriff a question by emailing Elkhart County Sheriff Brad Rogers at brogers@elkhartcountysheriff.com

Alert sent on 01/17/2017 at 4:16PM EST

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