What Is a Level 5 Felony in Indiana? – Sentencing and Examples

A Level 5 Felony in Indiana is a mid-level criminal offense carrying 1 to 6 years in prison and up to a $10,000 fine under Indiana Code § 35-50-2-6.

Indiana uses a numbered felony classification system ranging from Level 1 (most serious) to Level 6 (least serious). A Level 5 Felony sits in the middle of this range and applies to a wide variety of offenses including certain types of theft, battery, burglary, fraud, and drug crimes.

Legal Definition Under Indiana Code

Under Indiana Code § 35-50-2-6, a person convicted of a Level 5 Felony faces:

Prison sentence: 1 to 6 years
Fine: Up to $10,000
Advisory sentence: 3 years (the midpoint)

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

Sentencing Range and Advisory Sentence

Indiana law establishes a sentencing range with an "advisory sentence" as a starting point:

Minimum: 1 year
Advisory: 3 years
Maximum: 6 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 1-2 years, while someone with aggravating factors could receive 4-6 years.

Common Examples of Level 5 Felonies

Level 5 Felonies in Indiana include (but are not limited to):

Battery resulting in serious bodily injury
Residential entry (burglary of a dwelling)
Theft of property valued between $750 and $50,000
Auto theft (depending on circumstances)
Criminal confinement
Intimidation with a deadly weapon or bias motivation
Fraud or forgery involving significant amounts
Possession of certain controlled substances
Domestic battery (third or subsequent offense)

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, or prior convictions.

Violent vs. Non-Violent Classification

Not all Level 5 Felonies are considered "violent" under Indiana law. Classification matters because:

Violent offenses may result in longer actual time served due to credit restrictions
Credit-restricted felons (CRF) under IC 35-50-6-3.1 face limitations on sentence credit eligibility
Parole eligibility can be affected by offense classification

Battery causing serious injury is generally considered violent, while theft or fraud typically is not—though each case is evaluated individually.

Impact of Credit Time on Sentence

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 5 felony offenders are eligible for Class B credit, meaning they typically serve about 75% of their sentence with good behavior. Credit-restricted felons must serve 100% of their sentence (Class D).

Example Calculation

For a 3-year Level 5 Felony sentence with Class B credit:

Imposed sentence: 1,095 days (3 years × 365 days)
Jail credit (pre-sentence): 30 days
Remaining: 1,065 days
Class B credit earned: ~355 days
Actual time to serve: ~710 days (~23.7 months)

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

Fines and Financial Penalties

In addition to incarceration, Level 5 Felony convictions carry significant financial penalties under Indiana law.

Maximum Fine Amount

Under Indiana Code § 35-50-2-6, Level 5 Felony convictions carry a maximum fine of $10,000. This fine is:

In addition to prison time, not as a substitute
Separate from restitution payments to victims
Determined by the sentencing judge based on multiple factors

How Judges Determine Fine Amounts

Courts have discretion in setting fine amounts within the statutory maximum. Judges typically consider:

Defendant's ability to pay: Income, assets, employment status, financial obligations
Financial harm to victims: Amount of loss or damage caused by the offense
Economic benefit gained: Any money or property the defendant obtained from the crime
Need for deterrence: Whether the fine will deter future criminal conduct
Nature of the offense: Severity, planning involved, impact on victims
Prior criminal history: First-time offenders often receive lower fines

Fines vs. Restitution

Many people confuse fines with restitution, but they serve different purposes:

Fines:

Paid to the state or county government
Punitive measure (punishment)
Discretionary within statutory limits
Not directly tied to victim losses

Restitution:

Paid directly to crime victims
Compensatory measure (make victims whole)
Based on actual documented losses
Required when victims suffer financial harm

A defendant may be ordered to pay both a fine AND restitution. For example, a Level 5 theft conviction might result in a $2,000 fine to the state plus $5,000 restitution to the victim.

Payment Plans and Collection

Courts recognize that many defendants cannot pay large fines immediately:

Payment plans are commonly allowed, often with monthly installments
Ability to pay hearings can be requested if financial circumstances change
Community service may be substituted for fines in some cases
Failure to pay can result in additional penalties, suspended licenses, or extended probation

Most first-time offenders or those with limited financial resources receive fines below the $10,000 maximum—often ranging from $500 to $3,000 depending on the circumstances.

Impact on Overall Sentence Cost

Beyond fines and restitution, defendants typically face additional costs:

Court costs and fees (often $200-$500)
Probation supervision fees (if applicable)
Drug/alcohol testing fees
Program participation costs (substance abuse treatment, anger management, etc.)
Attorney fees (if hiring private counsel)

The total financial impact of a Level 5 Felony conviction can easily exceed $10,000-$20,000 when combining all these factors.

How to Estimate Your Jail Time

You can use our Indiana Level 5 Felony Calculator to estimate release eligibility based on:

Sentence length
Offense date
Jail credit (pre-sentence time served)
Credit class level
Disciplinary record

The calculator uses Indiana's credit time formulas to project release dates. 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, the Indiana Department of Correction (IDOC), and applicable statutes. Credit time calculations can be affected by disciplinary infractions, program participation, changes in law, 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 5 Felony in Indiana?

A Level 5 Felony in Indiana carries a sentence of 1 to 6 years in prison and a fine up to $10,000 under IC § 35-50-2-6. The advisory sentence is 3 years. The actual sentence depends on aggravating and mitigating factors considered by the sentencing judge.

What are the fines for a Level 5 Felony in Indiana?

A Level 5 Felony carries a maximum fine of $10,000 under IC § 35-50-2-6. The fine is imposed in addition to prison time, not as a substitute. Judges determine the actual fine amount based on the defendant's ability to pay, financial harm to victims, economic benefit gained from the crime, and need for deterrence. The fine is separate from restitution payments to victims. Most first-time offenders receive fines between $500 and $3,000. Courts commonly allow payment plans for those who cannot pay immediately.

Can a Level 5 Felony be expunged?

Yes, Level 5 Felonies may be eligible for expungement in Indiana after a waiting period. Generally, you must wait at least 8 years after the date of conviction (or 5 years for certain non-violent offenses) if you have completed your sentence and have no pending charges. Eligibility depends on your criminal history and the specific offense. Consult with an Indiana attorney for case-specific guidance.

How long do you actually serve on a 3-year sentence?

On a 3-year Level 5 Felony sentence, most non-violent offenders with Class B credit serve approximately 75% of the sentence, or about 27 months (2 years, 3 months), assuming good behavior. Credit-restricted felons must serve 100% of the sentence. Actual time depends on jail credit, disciplinary record, and program participation.

👉 Estimate your release eligibility using the Indiana Level 5 Felony Calculator.