What Is a Level 4 Felony in Indiana? – Definition, Sentencing, and Time Served

A Level 4 Felony in Indiana is a serious criminal offense carrying a sentence typically ranging from 2 to 12 years in prison and up to a $10,000 fine under Indiana Code § 35-50-2-4.

Indiana uses a numbered felony classification system ranging from Level 1 (most serious) to Level 6 (least serious). A Level 4 Felony is a serious offense that falls in the middle-upper range of this system and typically involves crimes such as aggravated assault, certain drug dealing offenses, significant theft, and other serious felonies.

Legal Definition Under Indiana Code

Under Indiana Code § 35-50-2-4, a person convicted of a Level 4 Felony faces:

Prison sentence: Typically 2 to 12 years (the exact range varies by specific statute and advisory sentence)
Fine: Up to $10,000
Advisory sentence: Varies by specific offense (often 6 years)

The actual sentence depends on aggravating and mitigating factors considered by the court at sentencing. Aggravating factors (such as prior criminal history, use of weapons, or serious harm to victims) can push sentences toward the maximum, while mitigating factors (such as lack of criminal history, acceptance of responsibility, or rehabilitation efforts) can result in shorter sentences.

How Serious Is a Level 4 Felony?

A Level 4 Felony is significantly more serious than Level 5 and Level 6 felonies, and carries substantial consequences:

Comparison to Other Felony Levels

Level 3 Felony: More severe (typically 3-16 years)
Level 4 Felony: Serious felony (typically 2-12 years)
Level 5 Felony: Mid-level felony (1-6 years)
Level 6 Felony: Lowest felony level (6 months to 2.5 years)

Long-Term Consequences

Criminal record: Felony conviction appears on background checks indefinitely
Employment impact: Many employers exclude applicants with serious felony convictions
Firearm rights: Federal and Indiana law prohibit felons from possessing firearms
Professional licenses: Most professions restrict or deny licenses to those with Level 4 felony convictions
Housing: Landlords often refuse to rent to people with serious felony records
Voting rights: Indiana restores voting rights after sentence completion
Educational opportunities: Some scholarships, programs, and institutions exclude felons
Travel restrictions: Some countries restrict entry for individuals with felony convictions

Because Level 4 Felonies carry severe consequences, understanding sentencing, custody placement, and credit time is crucial.

Sentencing Range and Advisory Sentence

Indiana law establishes a sentencing range with an "advisory sentence" as a starting point. For most Level 4 Felonies:

Minimum: 2 years
Advisory: Often 6 years (varies by specific offense)
Maximum: 12 years

Courts start with the advisory sentence and adjust based on circumstances. A first-time offender with strong mitigating factors might receive a sentence closer to 2-4 years, while someone with aggravating factors (such as extensive criminal history or use of violence) could receive 8-12 years.

Typical Sentence Range & Examples

Common Level 4 Felony Offenses

Level 4 Felonies in Indiana include (but are not limited to):

Aggravated battery causing serious bodily injury with a deadly weapon
Dealing in controlled substances (certain amounts and types)
Theft of property or services valued at $50,000 or more
Burglary of a dwelling with a person present
Criminal confinement using a vehicle or placing victim in serious danger
Robbery (taking property by force without deadly weapon)
Arson (certain circumstances)
Sexual battery (certain circumstances)
Kidnapping (certain circumstances)
Certain white-collar crimes involving large amounts

Each offense has specific elements that must be proven. The same conduct might be charged as a different level depending on factors like victim injury, use of weapons, prior convictions, or property value.

Sentencing Examples

Example 1: First-time offender convicted of Level 4 theft ($60,000) with cooperation and restitution agreement:

Likely sentence: 3-5 years
Credit class: B (serves ~75% with good behavior)

Example 2: Defendant with prior felony convicted of Level 4 battery with deadly weapon:

Likely sentence: 6-9 years
Credit class: C or D (serves 85-100%)

Example 3: Defendant with extensive criminal history convicted of Level 4 drug dealing:

Likely sentence: 8-12 years (with possible habitual offender enhancement)
Credit class: D (serves 100%)

Custody & Placement: State Prison vs County Jail

State Prison (IDOC) – The Norm for Level 4

Level 4 felonies are typically served in state prison managed by the Indiana Department of Correction (IDOC), not county jail. The longer sentence lengths (2-12 years) generally require placement in state prison facilities.

Key characteristics of IDOC placement:

Centralized management: Facilities operated by state correctional system
Credit time system: Governed by IC 35-50-6 (Class A/B/C/D credits)
Programs: Educational, vocational, and substance abuse programs available
Classification: Inmates classified by security level and assigned to appropriate facilities
Disciplinary process: Formal hearing process for infractions affecting credit time

County Jail – Rare for Level 4

County jail placement for Level 4 felonies is uncommon but may occur in exceptional circumstances:

Very short sentences near the minimum (2-3 years)
Special court orders or local custody agreements
Pre-sentence custody that counts toward sentence
Work release or community corrections programs

Most Level 4 sentences are served in state prison due to their length and severity.

How Credit Time Works for Level 4

Indiana's credit time system under IC 35-50-6 allows inmates to earn "good time" credits that reduce the actual time served:

Class A credit: 1 day credit per day served (~50% time)
Class B credit: 1 day credit per 3 days served (~75% time)
Class C credit: 1 day credit per 6 days served (~85.7% time)
Class D credit: No credit time (100% time)

Most non-violent Level 4 felony offenders are eligible for Class B credit, meaning they typically serve about 75% of their sentence with good behavior. More serious or violent Level 4 offenses may be restricted to Class C or D.

Credit-Restricted Felons (CRF)

Under IC 35-50-6-3.1, certain violent or sexual offenses are designated as "credit-restricted felonies." CRF offenders:

Must serve 100% of their sentence (Class D only)
Cannot earn Class A, B, or C credits
Cannot benefit from good behavior credits
May still receive day-for-day jail credit for pre-sentence time

Many Level 4 violent offenses fall under CRF designation.

Example Calculation

For a 6-year Level 4 Felony sentence with Class B credit:

Imposed sentence: 2,190 days (6 years × 365 days)
Jail credit (pre-sentence): 45 days
Remaining: 2,145 days
Class B credit earned: ~715 days (1 day per 3 served)
Actual time to serve: ~1,430 days (~3.9 years or ~47 months)

This assumes good behavior with no disciplinary infractions resulting in credit loss.

Estimate your specific release date: Use our Indiana Level 4 Felony Calculator to calculate expected release eligibility based on your sentence, credit class, and jail credit.

Sentencing Enhancements & Habitual Offender Rules

Habitual Offender Enhancement

Indiana law provides for habitual offender enhancements under IC 35-50-2-8 that can significantly increase sentences:

Standard enhancement: Additional 2-6 years added to base sentence
Habitual violent offender: Additional 6-20 years for violent crimes
Habitual substance offender: Additional 2-8 years for drug crimes

A defendant with two prior unrelated felony convictions may be charged as a habitual offender, potentially turning a 6-year Level 4 sentence into a 12-year sentence or more.

Other Enhancements

Additional factors that can increase Level 4 sentences:

Victim age or vulnerability (elderly, disabled, or child victims)
Use of deadly weapon
Commission during other crimes (e.g., dealing drugs near schools)
Gang activity involvement
Bodily injury to victims

Can a Level 4 Felony Be Reduced or Expunged?

Sentence Reduction

Level 4 Felony sentences can potentially be reduced through:

Plea bargaining (before sentencing): Negotiating for lower charge or shorter sentence
Credit time (during incarceration): Earning Class A, B, or C credits through good behavior
Sentence modification (after sentencing): Filing petition for modification under IC 35-38-1-17
Alternative sentencing: Community corrections, home detention, or work release programs
Program participation: Completing rehabilitation, education, or treatment programs

Credit time is the most common form of reduction, potentially reducing actual time served by 15-50% depending on credit class.

Expungement

Level 4 Felonies may be eligible for expungement under limited circumstances:

Eligibility requirements:

Typically 8-10 years waiting period after conviction completion
No pending criminal charges
All fines, fees, and restitution paid
No subsequent felony convictions
Court approval required

Important limitations:

Certain violent and sexual offenses are not eligible for expungement
Expungement does not restore firearm rights (separate process required)
Some records remain accessible to law enforcement and certain employers
Federal background checks may still show conviction

Reality: Many Level 4 felonies (especially violent offenses) are not eligible for expungement or face significant barriers.

Consult with an Indiana criminal defense attorney to determine specific eligibility and options for your case.

How to Estimate Your Jail Time

You can use our Indiana Level 4 Felony Calculator to estimate release eligibility based on:

Sentence length (years and months)
Offense date
Incarceration start date
Custody type (state prison vs. county jail)
Jail credit (pre-sentence time served)
Credit class level (A, B, C, or D)
Disciplinary credit loss
Credit-restricted felon status

The calculator uses Indiana's credit time formulas to project release dates with ceiling rounding to ensure compliance with statutory requirements. Remember: this is for educational purposes only and does not constitute legal advice.

Important Disclaimer

This information is provided for educational purposes and does not constitute legal advice. Actual sentencing and release dates are determined by courts, judges, the Indiana Department of Correction (IDOC), and applicable statutes. Credit time calculations can be affected by disciplinary infractions, program participation, changes in law, court orders, and other factors.

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

Frequently Asked Questions

What is the punishment for a Level 4 Felony in Indiana?

A Level 4 Felony in Indiana typically carries a sentence of 2 to 12 years in prison and a fine up to $10,000 under IC § 35-50-2-4. The advisory sentence is often around 6 years, though this varies by specific offense. The actual sentence depends on aggravating and mitigating factors considered by the sentencing judge, including prior criminal history, use of weapons, harm to victims, and acceptance of responsibility.

How long do you actually serve on a Level 4 Felony?

Actual time served depends on credit class, conduct, and program participation. For Class B offenders (most common for non-violent Level 4 felonies), you typically serve approximately 75% of the sentence. For example, on a 6-year sentence with Class B credit and good behavior, an inmate would serve roughly 4.5 years. Class C offenders serve approximately 85.7%, while credit-restricted felons (Class D) serve 100% of their sentence. Jail credit and disciplinary infractions also affect actual time served.

Can a Level 4 Felony be reduced or expunged?

Some Level 4 Felony convictions may be eligible for reduction or expungement in limited circumstances. Sentence reduction can occur through plea bargaining, credit time earned during incarceration, or sentence modification petitions. Expungement eligibility typically requires waiting 8-10 years after completing the sentence, paying all fines and restitution, and having no subsequent felony convictions. However, many violent Level 4 offenses are not eligible for expungement or face significant legal barriers. This post is informational only—consult an Indiana criminal defense attorney for case-specific guidance.

Will a Level 4 Felony send you to state prison?

Yes—Level 4 felonies are typically served in state prison (IDOC) rather than county jail due to their severity and longer sentence lengths (2-12 years). Indiana Department of Correction facilities house Level 4 offenders, where they are classified by security level and provided access to educational, vocational, and rehabilitation programs. County jail placement is rare for Level 4 offenses and generally only occurs in exceptional circumstances with special court orders.

What are examples of Level 4 Felonies in Indiana?

Common Level 4 Felony offenses in Indiana include aggravated battery with a deadly weapon, dealing in controlled substances, theft of $50,000 or more, burglary of an occupied dwelling, robbery without a deadly weapon, criminal confinement with a vehicle, arson in certain circumstances, and various serious fraud or white-collar crimes. The specific charge depends on the facts and circumstances of each case, including factors like property value, victim injury, use of weapons, and prior criminal history.

👉 Estimate your release eligibility using the Indiana Level 4 Felony Calculator.