In Indiana a former C felony, is now currently known as a Class C felony. A Level 5 Felony is the second lowest level felony charged in Indiana. An Indiana Level 5 Felony is generally viewed as being more severe offenses than misdemeanors and Level 6 Felonies. At the same time, Indiana Level 5 Felonies are less severe than Levels 1-4 Felonies. This is why the potential penalties associated with Indiana Level 5 Felonies are greater than those associated with misdemeanors and Level 6 Felonies, yet less than Levels 1-4 Felonies. Being convicted of Level 5 or a Class C Felony in Indiana carries significant consequences that result in a negative impact on your future employment, housing, and civil rights.
Potential Penalties and Fines for Indiana Level 5 Felonies
Indiana Level 5 Felony Incarceration
All Indiana Level 5 Felonies come with a term of imprisonment of 1 to 6 years. Although the majority of these sentences would be subject to being served in an Indiana Department of Correction prison facility, Indiana law also provides Courts with great latitude to order sentences served in various forms of alternative placement. Fortunately, the Indiana Court System has the authority to allow many of the sentences to be served in the following forms:
- Work release
- Home detention
- Suspend all or a portion of the sentence to probation
To be sure, for most people accused of committing a crime, avoiding jail time is the primary goal. The latitude afforded to the Courts in imposing sentences for Indiana Level 5 Felonies provides criminal defense attorneys with an opportunity to not only minimize the length of a sentence but also to propose a potential sentence structured to minimize the impact it may have on the life and daily affairs of an accused.
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Indiana Level 5 Fines
All Indiana Level 5 Felonies subject the accused to a fine of up to $10,000.00. Although Indiana law provides Courts with the authority to impose substantial fines, it also gives the Courts a great amount of discretion when imposing fines.
A person convicted of a Level 5 felony is a habitual offender if the state proves beyond a reasonable doubt that:
- The person has been convicted of two (2) prior unrelated felonies; AND
- At least one (1) of the prior unrelated felonies is not a Level 6 felony or a Class D Felony; and
- If the person is alleged to have committed a prior unrelated
- Level 5 felony;
- Level 6 felony;
- Class C felony; or
- Class D felony;
- Not more than ten (10) years have elapsed between the time the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.
The court will sentence a person found to be a habitual offender to an additional fixed term that is between two (2) and six (6) years, for a person convicted of a Level 5 felony.
Examples of Indiana Level 5 Felonies
There are many offenses which may be charged as Level 5 Felonies. While there are some offenses are exclusively charged as no less than a Level 5 Felony, there are other offenses that can be enhanced to a Level 5 Felony. Here are some common charged Indiana Level 5 Felonies. Those crimes include:
- Involuntary Manslaughter
- Reckless Homicide
- Check Fraud (Over $50,000)
- Vicarious Sexual Gratification
- Child Solicitation
- Sexual Misconduct with a Minor
- Dealing in Cocaine
- Dealing in Methamphetamine
What to do if you are charged with Indiana Level 5 Felonies
If you or a loved one has been charged with an Indiana Level 5 Felony offense. You don’t have to do it alone. Your next call can make all the difference in protecting your rights and preserving your freedom. You can put your mind at ease by contacting an Indiana Criminal Defense Lawyer at 317-505-0470 for a no obligation case consultation.