Indiana sorts felonies into six numbered levels plus a separate category for murder. Level 1 is the most severe and Level 6 the least. Across the levels of felonies in Indiana, prison terms run from as little as six months for a Level 6 felony up to 65 years for murder, and every felony carries a possible fine of up to $10,000. Each level has an “advisory sentence” — the recommended starting point a judge uses before adjusting up or down based on the facts of the case.
Murder
Murder sits outside Indiana’s numbered felony system entirely. A murder conviction carries a prison term of 45 to 65 years, with an advisory sentence of 55 years, plus a potential fine of up to $10,000. For anyone who was at least 18 years old when the killing occurred, the prosecution can seek the death penalty or life in prison without parole.1Indiana General Assembly. Indiana Code 35-50-2-3 – Murder
Level 1 Felonies
A Level 1 conviction carries 20 to 40 years in prison, with an advisory sentence of 30 years and a potential $10,000 fine. Offenses at this level include certain forms of rape and attempted murder. Level 1 child molesting offenses carry an expanded range of 20 to 50 years, though the advisory sentence stays at 30 years.2Indiana General Assembly. Indiana Code 35-50-2-4 – Class A Felony, Level 1 Felony
Level 2 Felonies
Level 2 felonies carry 10 to 30 years in prison and an advisory sentence of 17.5 years, plus a potential $10,000 fine.3Indiana General Assembly. Indiana Code 35-50-2-4.5 – Level 2 Felony Voluntary manslaughter and robbery causing serious bodily injury fall into this category.
Level 3 Felonies
A Level 3 conviction means 3 to 16 years in prison, with an advisory sentence of 9 years and a potential $10,000 fine.4Indiana General Assembly. Indiana Code 35-50-2-5 – Class B Felony, Level 3 Felony Aggravated battery and certain robbery charges are common Level 3 offenses.
Level 4 Felonies
Level 4 felonies carry 2 to 12 years in prison, an advisory sentence of 6 years, and a potential $10,000 fine.5Indiana General Assembly. Indiana Code 35-50-2-5.5 – Level 4 Felony Arson and certain drug offenses are typical charges at this level.
Level 5 Felonies
A Level 5 conviction carries 1 to 6 years in prison, with an advisory sentence of 3 years and a potential $10,000 fine.6Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony, Level 5 Felony Involuntary manslaughter and some drug offenses are classified here.
Level 6 Felonies
Level 6 is the lowest felony classification in Indiana. It carries 6 months to 2.5 years in prison, an advisory sentence of 1 year, and a potential $10,000 fine.7Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony, Level 6 Felony Auto theft and certain OWI convictions are common examples.
The Level 6 Wobbler
Level 6 has a feature no other Indiana felony level shares. A judge can enter the conviction as a Class A misdemeanor instead of a felony, which drops the maximum jail time to one year and the maximum fine to $5,000.8Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor More importantly, the person avoids a felony record altogether.
The conversion isn’t automatic, and there are hard limits. A judge cannot reduce the conviction to a misdemeanor if the offense was domestic battery or possession of child sexual abuse material, or if the person already had a prior felony reduced to a misdemeanor within the past three years. Indiana also allows a separate post-sentencing path: the court can convert a Level 6 felony conviction to a Class A misdemeanor once at least three years have passed since the person completed the full sentence, provided the person wasn’t convicted of a violent or sex offense and the offense didn’t involve bodily injury to another person.7Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony, Level 6 Felony
How Judges Choose a Number Within the Range
Indiana judges don’t just pick a number between the minimum and maximum. They start at the advisory sentence, then adjust based on aggravating factors that push the sentence higher and mitigating factors that pull it lower. The judge must explain the reasoning on the record.
Common aggravating factors include a prior criminal history, harm to the victim beyond what the offense itself required, and the victim being under 12 or over 65. Committing a violent crime in the presence of a child, violating a protective order, or holding a position of care or control over the victim also push sentences upward.
On the mitigating side, judges look at things like the crime not causing or threatening serious harm, circumstances unlikely to recur, the victim having facilitated or provoked the offense, and the defendant having led a law-abiding life before the conviction. A strong record of rehabilitation or cooperation with law enforcement also counts.
Enhancements That Stack on Top
Certain findings add prison time on top of the base sentence. These enhancements are separate from the aggravating-factor adjustments described above and carry their own rules.
Habitual Offender Enhancement
If the state proves someone qualifies as a habitual offender, the court adds a separate, nonsuspendable term: 8 to 20 years for murder or a Level 1 through Level 4 felony, or 3 to 6 years for a Level 5 or Level 6 felony.9Indiana General Assembly. Indiana Code 35-50-2-8 – Habitual Offenders Nonsuspendable means the judge cannot convert that portion to probation. It must be served.
Firearm Enhancement
When a person knowingly or intentionally uses a firearm while committing a felony, the court can impose an additional 5 to 20 years in prison. The same 5-to-20-year enhancement applies if the person pointed or discharged a firearm at someone they knew or should have known was a police officer.10Indiana General Assembly. Indiana Code 35-50-2-11 – Firearm Used in Commission of Offense
How Much of the Sentence Is Actually Served
The posted ranges can be misleading without accounting for credit time. Indiana assigns every incarcerated person to one of four credit classes, and the class controls how much of the sentence is actually served.
- Class A earns one day of credit for every day served, which in practice cuts the executed sentence roughly in half.
- Class B earns one day of credit for every three days served, reducing time by about a quarter.
- Class C earns one day of credit for every six days served, a modest reduction.
- Class D earns no credit time at all. Every day of the sentence is served in full.
These credits apply to time imprisoned, time confined while awaiting trial, and pretrial home detention.11Indiana General Assembly. Indiana Code 35-50-6-3.1 – Credit Time Classes Assignment depends on the offense and on behavior during incarceration. A 10-year sentence in Class A could mean release in roughly five years. The same sentence in Class D means the full ten behind bars.
How Long the State Has to File Charges
Not every felony can be charged forever. Indiana sets different time limits depending on severity.
- Murder, Level 1, and Level 2 felonies have no time limit. Prosecutors can bring charges at any point, regardless of how much time has passed.
- Level 3 through Level 6 felonies have a five-year window from the date of the offense.
There are exceptions. If DNA evidence is discovered after the five-year window, prosecutors can bring Level 3 through Level 5 charges within one year of finding that evidence. Certain sex offenses against children have their own extended deadlines, often running until the victim turns 31.12Indiana General Assembly. Indiana Code 35-41-4-2 – Periods of Limitation