Examples of Level 5 Felonies in Indiana – Educational Overview

Level 5 Felonies in Indiana include a wide range of offenses from battery and burglary to fraud and drug possession, each carrying 1 to 6 years in prison under IC § 35-50-2-6.

This guide provides an educational overview of common Level 5 Felony offenses in Indiana. Understanding these examples helps illustrate the scope of this felony classification and the potential consequences involved.

Educational Purpose Disclaimer

This article is for educational purposes only and does not constitute legal advice. Indiana criminal law is complex, and the same conduct can be charged at different levels depending on specific circumstances, enhancements, and prior convictions. Always consult with a qualified Indiana criminal defense attorney for legal guidance about any specific case.

Common Level 5 Felony Offenses

1. Battery Offenses

Battery Resulting in Serious Bodily Injury

Under IC § 35-42-2-1, battery becomes a Level 5 Felony when it results in serious bodily injury to another person.

• Serious bodily injury means injury that creates substantial risk of death or causes serious permanent disfigurement, protracted loss or impairment of a body part or organ
• Does not require use of a weapon
• Intent to cause injury must be proven

Typical Sentence Range: 2-5 years (depending on circumstances) Credit Eligibility: Often Class C or D for violent offenses Example: Punching someone causing a fractured skull

Domestic Battery (Third or Subsequent)

Domestic battery becomes a Level 5 Felony on the third or subsequent conviction within the prior 15 years.

• Must be against a family or household member
• Prior convictions enhance the charge level
• May involve protective orders

Typical Sentence Range: 2-4 years Credit Eligibility: Typically Class C or D Example: Third domestic violence conviction

2. Burglary Offenses

Residential Entry (Burglary)

Under IC § 35-43-2-1.5, breaking and entering a dwelling becomes a Level 5 Felony.

• Entering the dwelling of another person
• With intent to commit a felony or theft
• Whether or not property is stolen
• Elevated from Level 6 when dwelling is involved

Typical Sentence Range: 2-5 years Credit Eligibility: Typically Class B or C Example: Breaking into a home to steal valuables

3. Theft Offenses

Theft (Enhanced)

Under IC § 35-43-4-2, theft becomes a Level 5 Felony when the property value is between $750 and $50,000.

• Taking property without owner's consent
• Intent to deprive owner permanently
• Value threshold must be proven
• Includes shoplifting above threshold amounts

Typical Sentence Range: 1-4 years Credit Eligibility: Typically Class B (non-violent) Example: Stealing jewelry worth $5,000

Auto Theft

Unauthorized control of a vehicle under IC § 35-43-4-2.5 can be a Level 5 Felony.

• Taking vehicle without owner's consent
• Value typically exceeds felony threshold
• Distinct from carjacking (more serious)

Typical Sentence Range: 2-4 years Credit Eligibility: Typically Class B Example: Stealing a car from a parking lot

4. Criminal Confinement

Under IC § 35-42-3-3, criminal confinement is a Level 5 Felony when certain circumstances apply.

• Removing another person from one place to another
• Or confining another person without consent
• Without legal authority
• Elevated from Level 6 with enhancements

Typical Sentence Range: 2-5 years Credit Eligibility: Typically Class C or D Example: Forcibly holding someone against their will

5. Intimidation Offenses

Intimidation with Deadly Weapon

Under IC § 35-45-2-1, intimidation becomes Level 5 when involving a deadly weapon or resulting in certain harms.

• Communicating a threat with intent to place someone in fear
• Drawing or using a deadly weapon
• OR causing person to evacuate building
• OR causing economic loss of $1,000 or more

Typical Sentence Range: 2-4 years Credit Eligibility: Often Class C or D Example: Threatening someone with a gun

Bias Intimidation

Intimidation motivated by victim's race, religion, color, sex, disability, national origin, or sexual orientation.

• Same threat elements as above
• Plus bias motivation must be proven
• Enhanced penalty for hate crime nature

Typical Sentence Range: 3-5 years Credit Eligibility: Typically Class D (CRF) Example: Threatening someone due to their race

6. Fraud and Forgery

Fraud (Enhanced)

Under IC § 35-43-5-4, fraud becomes a Level 5 Felony when the loss is between $750 and $50,000.

• Knowingly or intentionally obtaining property by deception
• Making false statement with intent to defraud
• Value threshold determines felony level

Typical Sentence Range: 1-4 years Credit Eligibility: Typically Class B (non-violent) Example: Insurance fraud totaling $10,000

Forgery

Under IC § 35-43-5-2, forgery can be a Level 5 Felony depending on circumstances.

• Making or altering a written instrument
• With intent to defraud
• Value or type of document determines level

Typical Sentence Range: 2-4 years Credit Eligibility: Typically Class B Example: Forging checks

7. Drug Offenses

Possession of Certain Controlled Substances

Various controlled substance possession offenses can be Level 5 Felonies under IC § 35-48-4.

• Possession of cocaine, methamphetamine, or heroin
• Amount and prior convictions affect classification
• Paraphernalia may be separate charge

Typical Sentence Range: 1-4 years (often suspended for treatment) Credit Eligibility: Typically Class B or C Example: Possession of small amount of methamphetamine

Typical Sentence Ranges and Credit Eligibility

Summary Table

Actual time depends on individual factors including criminal history, conduct, and specific case circumstances.

Difference Between Level 4 and Level 5 Felonies

Understanding the distinction helps clarify Indiana's felony classification:

Level 4 Felonies (More Serious)

• Sentence: 2 to 12 years
• Advisory: 6 years
• Fine: Up to $10,000
• Examples: Aggravated battery, dealing in controlled substances, child molesting

Level 5 Felonies (Current Topic)

• Sentence: 1 to 6 years
• Advisory: 3 years
• Fine: Up to $10,000
• Examples: Battery with serious injury, residential burglary, enhanced theft

Level 6 Felonies (Less Serious)

• Sentence: 6 months to 2.5 years
• Advisory: 1 year
• Fine: Up to $10,000
• Examples: Simple battery, theft under $750, possession of paraphernalia

The same base offense (like battery or theft) can be charged at different levels depending on enhancements such as:

• Injury severity
• Property value
• Use of weapons
• Victim characteristics (age, vulnerability)
• Prior convictions
• Location (school, dwelling)

How Credits Affect Release Time

Credit time under IC 35-50-6 significantly impacts actual time served:

Class B Credit (Most Common for Non-Violent Level 5)

Formula: 1 day credit per 3 days served

Examples:

• 2-year sentence → ~18 months actual time
• 3-year sentence → ~27 months actual time
• 4-year sentence → ~36 months actual time
• 5-year sentence → ~45 months actual time

Class C Credit (Some Violent Offenses)

Formula: 1 day credit per 6 days served

Examples:

• 2-year sentence → ~21 months actual time
• 3-year sentence → ~31 months actual time
• 4-year sentence → ~41 months actual time

Class D Credit (Credit-Restricted Felons)

Formula: No credit earned

Examples:

• 2-year sentence → 24 months actual time
• 3-year sentence → 36 months actual time
• 4-year sentence → 48 months actual time

Use our Indiana Level 5 Felony Calculator to calculate release dates based on your specific sentence and credit class assignment.

Important Legal Disclaimer

This content provides general educational information only and does not constitute legal advice. Indiana criminal law is complex, and charges can be enhanced or reduced based on specific circumstances, prior convictions, victim characteristics, and other factors. The same conduct may be charged differently depending on case details.

Sentencing outcomes vary based on individual case factors, criminal history, aggravating and mitigating circumstances, and judicial discretion. Credit class assignments are determined by the Indiana Department of Correction based on offense type and institutional conduct.

For official information, visit the Indiana Department of Correction or Indiana General Assembly websites. Always consult with a qualified Indiana criminal defense attorney for accurate legal guidance about any specific case or charge.

Frequently Asked Questions

What are examples of Level 5 Felonies in Indiana?

Common examples of Level 5 Felonies in Indiana include: battery resulting in serious bodily injury, residential burglary (breaking into a dwelling), theft of property valued $750-$50,000, auto theft, criminal confinement, intimidation with a deadly weapon, fraud over $750, forgery, domestic battery (third or subsequent offense), and possession of certain controlled substances. Each carries a sentence of 1 to 6 years under IC § 35-50-2-6.

Is intimidation a Level 5 Felony?

Intimidation can be a Level 5 Felony under IC § 35-45-2-1 when it involves drawing or using a deadly weapon while communicating a threat, OR when it results in evacuation of a building, OR causes economic loss of $1,000 or more. Intimidation motivated by bias (hate crime) is also typically charged as a Level 5 Felony. Basic intimidation without these enhancements is usually a Level 6 Felony or misdemeanor.

How long is the prison term for these crimes?

Level 5 Felonies in Indiana carry a statutory range of 1 to 6 years in prison with a 3-year advisory sentence. The actual sentence imposed depends on aggravating and mitigating factors. Actual time served is typically 60-100% of the imposed sentence depending on credit class: Class B credit (~75% time) for non-violent offenses, Class C credit (~85% time) for some violent offenses, or Class D (100% time) for credit-restricted felons.

👉 Calculate your estimated release date using the Indiana Level 5 Felony Calculator.