Indiana Level 5 Felony Sentencing Guide

Indiana Level 5 Felony sentencing ranges from 1 to 6 years in prison under IC § 35-50-2-6, with courts starting at the 3-year advisory sentence and adjusting based on aggravating and mitigating factors.

Understanding how sentencing works for Level 5 Felonies in Indiana is crucial for defendants, families, and legal professionals. While the statute provides a range, the actual sentence depends on numerous factors evaluated by the sentencing judge.

Sentencing Basics in Indiana

Indiana's sentencing system for Level 5 Felonies is governed by Indiana Code § 35-50-2-6, which establishes:

Minimum sentence: 1 year
Maximum sentence: 6 years
Advisory sentence: 3 years
Maximum fine: $10,000

The judge has discretion to impose any sentence within this range, but must start with the advisory sentence and explain any deviation based on specific findings.

How Sentencing Hearings Work

Pre-sentence investigation (PSI) is conducted
Sentencing hearing is scheduled
Prosecution presents aggravating factors
Defense presents mitigating factors
Victim impact statements may be heard
Judge weighs factors and imposes sentence
Judge issues written findings explaining the sentence

Both sides have the opportunity to present evidence and arguments about what sentence is appropriate.

Statutory Range (1–6 Years + Fine)

Minimum: 1 Year

The 1-year minimum is typically reserved for:

First-time offenders with no criminal history
Cases with strong mitigating factors
Less serious versions of the offense
Substantial acceptance of responsibility
Restitution made or planned
Cooperation with authorities

Example: A first-time offender convicted of Level 5 theft who immediately admitted guilt, returned the stolen property, and has steady employment might receive a sentence closer to the minimum.

Maximum: 6 Years

The 6-year maximum is typically imposed when:

Multiple aggravating factors are present
Significant harm to victims occurred
Defendant has extensive criminal history
Offense involved vulnerable victims
Defendant shows no remorse
Risk of re-offense is high

Example: A repeat offender convicted of Level 5 battery causing serious injury to an elderly victim, who has not accepted responsibility, might receive a sentence closer to the maximum.

Fine: Up to $10,000

The fine is separate from the prison sentence and may be imposed in addition to incarceration. Factors affecting fine amounts include:

Defendant's ability to pay
Financial harm to victims
Economic benefit gained from the crime
Need for deterrence
Restitution obligations

Advisory Sentence Concept

The advisory sentence serves as a starting point for judicial decision-making. Under Indiana law:

Judges begin with the advisory sentence (3 years for Level 5)
Must find aggravating factors to exceed it
Must find mitigating factors to go below it
Must explain the reasoning in written findings
Sentence must be supported by the record

The advisory sentence represents what the legislature determined is appropriate for a "typical" Level 5 Felony case without significant aggravating or mitigating circumstances.

Burden of Proof

State must prove aggravating factors by a preponderance of evidence
Defense must present mitigating factors (but burden is on state to overcome them)
Judge weighs all factors together—not a simple counting exercise

Aggravating vs. Mitigating Factors

Common Aggravating Factors

Factors that can increase the sentence above advisory:

Criminal history
- Prior felony convictions
- Pattern of criminal behavior
- Violations while on probation or parole
Harm to victim
- Serious physical or emotional injury
- Financial loss
- Vulnerable victim (elderly, disabled, child)
Offense circumstances
- Use of a weapon
- Planned or sophisticated crime
- Position of trust abused
- Multiple victims
Post-offense conduct
- Lack of remorse
- Obstruction of justice
- Threats to witnesses
- Flight from jurisdiction
Risk factors
- Likelihood of re-offense
- Danger to community
- Substance abuse issues not addressed

Common Mitigating Factors

Factors that can decrease the sentence below advisory:

Lack of criminal history
- First-time offender
- No prior felonies
- Clean record for extended period
Personal circumstances
- Young age (but not juvenile)
- Mental health issues
- Substance abuse with treatment commitment
- Traumatic background
- Steady employment history
Role in offense
- Minor participant
- Acting under duress
- Limited criminal intent
- Lesser culpability than co-defendants
Acceptance of responsibility
- Guilty plea (especially early)
- Full cooperation with authorities
- Genuine remorse expressed
- Restitution made
Post-offense actions
- Voluntary treatment
- Making amends to victim
- Positive life changes
- Strong family support

Plea Bargains and Suspended Sentences

Plea Agreements

Most Level 5 Felony cases are resolved through plea bargaining rather than trial:

Charge Bargaining

Level 5 reduced to Level 6 (1–2.5 years)
Felony reduced to Class A misdemeanor (up to 1 year)
Multiple charges dismissed in exchange for guilty plea

Sentence Bargaining

Agreement on specific sentence length
Agreement on executed vs. suspended time
Probation terms negotiated
Alternative sentencing options considered

Suspended Sentences

Judges can suspend all or part of a sentence, placing the defendant on probation instead:

Fully suspended: No time in prison if probation completed successfully
Partially suspended: Some time in prison, remainder on probation
Split sentence: Prison time followed by probation period

Example: A 4-year sentence might be structured as 2 years executed (in prison) and 2 years suspended (on probation), meaning the defendant serves 2 years and then completes 2 years of supervised probation.

Probation Conditions

Suspended sentences typically include conditions such as:

Regular reporting to probation officer
Drug/alcohol testing
Employment or education requirements
Restitution payments
Community service
Treatment programs
No new criminal violations

Violating probation can result in the suspended sentence being revoked and the defendant sent to prison for the remaining time.

Probation Eligibility

Level 5 Felonies are eligible for probation under Indiana law. Factors affecting probation decisions:

Favoring Probation

First-time offender
Non-violent offense
Strong community ties
Stable employment
Treatment needs can be met in community
Low risk assessment scores
Victim does not object

Opposing Probation

Serious violence involved
Extensive criminal history
High risk of re-offense
Prior probation violations
Victim safety concerns
Lack of community support
Substance abuse requiring residential treatment

Judges have broad discretion to grant or deny probation, but must consider the nature of the offense, character of the offender, and need for protection of the community.

Credit Time Interaction

The imposed sentence is only the starting point for calculating actual time served. Indiana's credit time system under IC 35-50-6 applies after sentencing:

How It Works

Court imposes sentence (e.g., 4 years)
Credit class assigned (typically Class B for non-violent Level 5)
Good time credits calculated (e.g., 1 day per 3 days served)
Jail credit applied (pre-sentence time served)
Disciplinary adjustments made (if any credits lost)
Release date projected by IDOC

Use our Indiana Level 5 Felony Calculator to estimate actual time served based on your imposed sentence and credit class.

Example Scenarios

Scenario 1: Minimal Sentence

Imposed: 1 year (minimum)
Class B credit: ~9 months served
Jail credit: 60 days
Actual time: ~7 months

Scenario 2: Advisory Sentence

Imposed: 3 years (advisory)
Class B credit: ~27 months served
Jail credit: 30 days
Actual time: ~26 months

Scenario 3: Maximum Sentence

Imposed: 6 years (maximum)
Class D credit (CRF): 100% served
Jail credit: 0 days
Actual time: 72 months

Important Disclaimer

This information is provided for educational purposes and does not constitute legal advice. Actual sentencing decisions are made by judges based on the specific facts of each case, applicable law, and individual circumstances. Sentencing can be affected by changes in law, local court practices, prosecutorial discretion, and many other factors.

For official information, consult the Indiana Courts website. Always consult with a qualified Indiana criminal defense attorney for accurate legal guidance about your specific case.

Frequently Asked Questions

What is the advisory sentence for a Level 5 Felony?

The advisory sentence for a Level 5 Felony in Indiana is 3 years under IC § 35-50-2-6. This serves as the starting point for judges when determining the appropriate sentence. Judges can impose anywhere from 1 to 6 years based on aggravating and mitigating factors, but must explain any departure from the 3-year advisory sentence in written findings.

Can a Level 5 Felony be reduced to a misdemeanor?

Yes, a Level 5 Felony charge can potentially be reduced to a misdemeanor through plea bargaining before sentencing, or in some cases through sentence modification after successful completion of probation. Common pathways include plea agreements reducing the charge to a Class A misdemeanor (up to 1 year), or post-conviction relief after demonstrating rehabilitation. An attorney can advise on specific options available in your case.

Are Level 5 Felonies eligible for probation?

Yes, Level 5 Felonies are eligible for probation in Indiana. Judges have discretion to suspend all or part of a sentence and place defendants on supervised probation. Eligibility depends on factors including criminal history, offense circumstances, risk assessment, treatment needs, and victim input. First-time non-violent offenders with strong mitigating factors have the best chance of receiving probation instead of incarceration.

👉 Estimate your actual time to serve using the Indiana Level 5 Felony Calculator.