Understanding Indiana Criminal Laws: A Guide for Indianapolis Residents
It is crucial to understand the laws governing crimes. Even if you or someone you love has not been arrested and charged with a crime, it is a good idea for you to familiarize yourself with Indiana criminal laws. This article provides some vital information on Indiana criminal laws.
Felonies and Misdemeanors in Indiana
Like many other states, Indiana classifies crimes as misdemeanors or felonies, depending on the severity of the crime. A misdemeanor is generally a less serious crime than a felony. In Indiana, misdemeanors carry a potential jail time of up to one year. A crime with a potential jail time of more than a year is a felony.
There are three classes of misdemeanors (A, B, and C). The C misdemeanor carries a fine of $0-$500 and a potential jail sentence of 0-60 days. The B misdemeanor carries a fine of $0- $1000 and a potential jail sentence of 0-180 days. The A misdemeanor carries a potential fine of $0- $5000 and a potential jail sentence of 0-365 days. A term of probation of up to 1 year could be ordered on any misdemeanor conviction.
On the other hand, there are six classes of felonies and a separate class for murder. The fine for felonies could be as much as $10,000. The potential jail or prison time varies for each level of felony. A level 6 felony carries a range of 6 months up to 2 and ½ years. A level 5 felony carries a range of 1-6 years. The level 4 felony carries a range of 2-12 years. The level 3 felony carries a range of 3-16 years. The level 2 is 10-30 years and the level 1 is 20-40 years.
A conviction for Murder will result in a minimum prison sentence of 45 years but that can be as high as 65 years. In some circumstances a person can be sentenced to life with no possibility of parole, or even the death penalty.
Statute of Limitations
All states have laws that limit the amount of time prosecutors have to file criminal charges against a criminal defendant called statutes of limitations. These statutes exist to ensure criminal trials are based on the best available evidence. The time limits for filing criminal charges in Indiana are as follows;
- Generally, misdemeanor cases must be filed within two years
- Generally, felony cases must be filed within 5 years
- Murder cases have to statute of limitations
- For some sex crimes cases against children have until the victim reaches the age of 31
- For sex crimes cases against children where the child is dependent on the perpetrator, the case must be started within 10 years after the crime or 4 years after the victim stops being a dependent, whichever is later.
Capital Punishment
The death penalty, also known as capital punishment, is a legal sentence under Indiana laws. This form of punishment is allowed in murder cases if the prosecution can prove the existence of at least one of the aggravating factors listed in the Indiana Code section 35-50-2-9. Examples of aggravating factors justifying the death penalty include an intentional killing during the commission of another felony, lying in wait to commit the killing, hiring someone to commit the murder or having been previously convicted of murder.
Indiana DUI/OWI Laws
In Indiana, driving under the influence (DUI) is called operating while intoxicated (OWI). Alcoholic intoxication is the most common, but a driver can be charged with DUI/OWI if they are affected by any kind of intoxicating substance, including prescription drugs. In Indiana, you are guilty of DUI/OWI if you have a blood alcohol content (BAC) level of 0.08 percent or more.
Being convicted of OWI, even for the first time, can result in jail time and/or a license suspension of up to 1 year.
Contact Us for Legal Help
Contact our skilled Indianapolis criminal defense lawyer at Rigney Law LLC to learn more about Indiana criminal laws.
Source:
in.gov/idoc/files/Death_Penalty_Sentencing_Procedure_IC_35_50_2_9.pdf
