What Is a Level 6 Felony in Indiana? – Definition, Jail Time & Expungement
Understand what a Level 6 Felony means in Indiana, including sentencing range, possible jail vs. prison placement, and whether it can be reduced or expunged under Indiana Code § 35-50-2-7.
A Level 6 Felony in Indiana is the lowest felony classification, carrying a sentence of 6 months to 2.5 years and up to a $10,000 fine under Indiana Code § 35-50-2-7.
Indiana uses a numbered felony classification system ranging from Level 1 (most serious) to Level 6 (least serious). A Level 6 Felony is the lowest level in this system but remains more serious than any misdemeanor. It applies to various offenses including OWI (Operating While Intoxicated), certain thefts, battery, and drug crimes.
Legal Definition Under Indiana Code
Under Indiana Code § 35-50-2-7, a person convicted of a Level 6 Felony faces:
- Prison sentence: 6 months to 2.5 years
- Fine: Up to $10,000
- Advisory sentence: 1 year (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.
How Serious Is a Level 6 Felony?
While Level 6 is the least severe felony classification in Indiana, it is still a felony conviction with serious consequences:
Long-Term Consequences
- Criminal record: Felony conviction appears on background checks
- Employment impact: Many employers exclude applicants with felony convictions
- Firearm rights: Federal law prohibits felons from possessing firearms
- Professional licenses: Some professions restrict or deny licenses to felons
- Housing: Landlords may refuse to rent to people with felony records
- Voting rights: Indiana restores voting rights after sentence completion, but many don't realize this
- Educational opportunities: Some scholarships and programs exclude felons
Because Level 6 Felonies carry significant consequences, it's critical to understand sentencing, potential reductions, and expungement options.
Sentencing Range and Advisory Sentence
Indiana law establishes a sentencing range with an "advisory sentence" as a starting point:
- Minimum: 6 months (180 days)
- Advisory: 1 year (365 days)
- Maximum: 2.5 years (912 days)
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 6-9 months, while someone with aggravating factors could receive 18-30 months.
First-Time Offenders and Alternative Sentencing
First-time Level 6 felony offenders often receive more favorable treatment compared to repeat offenders. Indiana law provides several options that can help first-time offenders avoid lengthy incarceration:
Probation and Suspended Sentences
Under IC 35-38-2-2.3, judges have discretion to grant probation instead of incarceration for eligible Level 6 felonies. Courts typically consider:
- No prior criminal history or only minor misdemeanors
- Employment status and ability to maintain steady work
- Community ties such as family, residence stability, and local connections
- Acceptance of responsibility and demonstrated remorse
- Willingness to participate in rehabilitation programs (substance abuse treatment, anger management, etc.)
- Age and maturity of the defendant
- Nature of the offense and whether it involved violence or weapons
Many first-time offenders receive a suspended sentence with probation, meaning they avoid jail time entirely if they successfully complete probation terms. Violating probation conditions can result in the suspended sentence being executed (serving the original jail term).
Alternative Misdemeanor Sentencing (AMS)
Alternative Misdemeanor Sentencing allows judges to reduce eligible Level 6 felonies to misdemeanors at sentencing. This is particularly valuable for first-time offenders because:
- Avoids a felony conviction on permanent record
- Reduces employment barriers significantly
- Preserves firearm rights under federal law
- Minimizes housing discrimination from landlords
- Results in misdemeanor penalties (typically county jail time if any)
Not all Level 6 felonies qualify for AMS. Judges evaluate the totality of circumstances and whether reducing the charge serves the interests of justice.
Jail Time & Credit Time Rules
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 6 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 1-year Level 6 Felony sentence with Class B credit:
- Imposed sentence: 365 days (1 year)
- Jail credit (pre-sentence): 30 days
- Remaining: 335 days
- Class B credit earned: ~112 days
- Actual time to serve: ~223 days (~7.4 months)
This assumes good behavior with no disciplinary infractions resulting in credit loss.
You can use our Indiana Level 6 Felony Calculator to estimate release eligibility based on your specific sentence, jail credit, and credit class level.
Habitual Offender Enhancement
The Indiana habitual offender statute under IC § 35-50-2-8 allows prosecutors to seek enhanced sentences for defendants with prior felony convictions.
How Habitual Offender Status Works
If a person is convicted of a Level 6 Felony and has two prior unrelated felony convictions, the state may file a habitual offender allegation. If proven:
- An additional 2 to 6 years can be added to the Level 6 sentence
- The enhancement is separate from the underlying offense
- The additional term cannot exceed the length of the underlying sentence
- The court considers the severity and nature of prior convictions
- Habitual offender time typically must be served consecutively (after the base sentence)
Impact on Sentencing
For example, a defendant convicted of Level 6 theft (1-year sentence) who is also found to be a habitual offender could receive:
- Base sentence: 1 year for Level 6 theft
- Habitual enhancement: 2 additional years
- Total: 3 years incarceration
Habitual offender status significantly reduces eligibility for:
- Probation or suspended sentences
- Alternative Misdemeanor Sentencing (AMS)
- Community corrections placement
- Early release programs
Defendants facing habitual offender allegations should consult with an experienced Indiana criminal defense attorney immediately, as these enhancements dramatically increase incarceration time.
Fines and Financial Penalties
In addition to incarceration, Level 6 Felony convictions carry financial penalties under Indiana law.
Maximum Fine Amount
Under Indiana Code § 35-50-2-7, Level 6 Felony convictions carry a maximum fine of $10,000. This fine is:
- In addition to jail 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. For Level 6 felonies, judges typically consider:
- Defendant's ability to pay: Income, assets, employment status, financial obligations, family support responsibilities
- 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 community
- Prior criminal history: First-time offenders often receive significantly lower fines
- Acceptance of responsibility: Early guilty pleas and remorse can reduce fine amounts
Because Level 6 is the lowest felony classification, actual fines imposed are often considerably lower than the $10,000 maximum—typically ranging from $250 to $2,500 for first-time offenders with standard offenses.
Fines vs. Restitution: Understanding the Difference
Many defendants and their families confuse fines with restitution. Understanding the distinction is critical:
Fines:
- Paid to the state or county government (goes into general fund)
- Punitive measure intended as punishment
- Discretionary within statutory limits
- Amount not directly tied to victim losses
- Can sometimes be waived or reduced based on inability to pay
Restitution:
- Paid directly to crime victims to compensate for losses
- Compensatory measure (make victims whole)
- Based on actual documented financial losses (medical bills, property damage, lost wages, etc.)
- Required by law when victims suffer quantifiable harm
- Cannot be waived—must be paid in full eventually
A defendant may be ordered to pay both a fine AND restitution. For example, a Level 6 theft conviction might result in:
- $1,000 fine to the state
- $3,500 restitution to the victim for stolen property
- Total: $4,500 in direct financial penalties
Payment Plans and Collection Options
Courts recognize that most Level 6 felony defendants cannot pay large sums immediately:
Payment Plan Options:
- Monthly installments are standard (often $25-$100/month depending on income)
- Extended payment periods can span several years
- Ability to pay hearings allow defendants to request reductions if circumstances change (job loss, medical expenses, etc.)
- Community service may be substituted for fines in certain cases (typically 8 hours of community service per $100 of fine)
- Electronic monitoring fees or other supervision costs may offset fine amounts
Consequences of Non-Payment:
- Extended probation until financial obligations are met
- Driver's license suspension for certain offenses
- Potential probation violation (could result in incarceration)
- Collection agency referral with additional fees
- Civil judgments affecting credit
Most courts are willing to work with defendants who make good faith efforts to pay, even if the amounts are small. Communication with probation officers and courts about financial hardship is critical.
Total Financial Impact
Beyond court-imposed fines and restitution, Level 6 felony defendants face substantial additional costs:
Direct Court-Related Costs:
- Court costs and fees: $200-$400
- Probation supervision fees: $25-$50/month (if on probation)
- Drug/alcohol testing: $15-$30 per test
- Electronic monitoring: $10-$15/day (if required)
Program and Treatment Costs:
- Substance abuse treatment: $1,000-$5,000
- Anger management classes: $200-$500
- Domestic violence intervention: $300-$600
- Theft prevention programs: $150-$300
Other Financial Consequences:
- Attorney fees: $2,500-$10,000+ for private counsel
- Lost wages during incarceration
- Job loss or reduced earning capacity
- Increased insurance premiums (particularly for OWI)
- Professional license suspension (if applicable)
- Housing instability or eviction
Total realistic cost for a typical Level 6 felony conviction (including all fees, fines, restitution, programs, and indirect costs) often ranges from $5,000 to $20,000 over the life of the case.
Financial Relief Options
Some defendants may qualify for:
- Indigent status: Waiver of certain court costs and fees
- Public defender services: Free or reduced-cost legal representation
- Pro bono legal assistance: Free help from volunteer attorneys
- Payment deferrals: Temporary suspension of payments during financial hardship
- Fine reduction hearings: Formal requests to reduce fine amounts based on changed circumstances
County Jail vs. State Prison
One key difference for Level 6 Felonies is that many sentences are served in county jail rather than state prison:
County Jail (Local Facility)
- Common for sentences under 1-2 years
- Managed by county sheriff's office
- Typically closer to home/family
- Different programs and conditions than state prison
- May have different visitation policies
State Prison (IDOC)
- Indiana Department of Correction facilities
- Typically for longer sentences or repeat offenders
- Standardized programs and credit time policies
- Further from home for many inmates
- More structured environment
Courts consider sentence length, criminal history, and available space when deciding placement. Many Level 6 felons serve their time locally rather than in state facilities.
Bond and Pre-Trial Release
Understanding bond procedures is crucial for Level 6 felony defendants and their families:
Typical Bond Amounts
Bond amounts for Level 6 felonies vary significantly by jurisdiction but generally range:
- $1,500 to $5,000: Non-violent offenses, first-time offenders, strong community ties
- $5,000 to $10,000: Offenses involving moderate harm, some prior history, or flight risk concerns
- $10,000+: Violent offenses, weapons involvement, significant criminal history, or high flight risk
Factors Courts Consider
When setting bond amounts, judges evaluate:
- Criminal history: Prior convictions, outstanding warrants, probation violations
- Community ties: Employment, family, residence stability, length of time in community
- Flight risk: Likelihood defendant will appear for court dates
- Public safety: Risk of reoffending or danger to victims or community
- Nature of offense: Violence, weapons, victim harm
- Financial resources: Ability to post bond
Own Recognizance (OR) Release
Some first-time offenders with non-violent Level 6 charges may be released on their own recognizance (OR bond), meaning:
- No cash payment required
- Written promise to appear at court dates
- Conditions may include travel restrictions, substance testing, or no-contact orders
- Violation of OR conditions can result in arrest and revocation
OR release is more common in rural counties and for offenses like theft or drug possession without aggravating factors.
Common Examples of Level 6 Felonies
Level 6 Felonies in Indiana include (but are not limited to):
OWI (Operating While Intoxicated)
- OWI with prior conviction(s)
- OWI causing endangerment
Theft and Property Crimes
- Theft of property valued $750 to $50,000
- Conversion (unauthorized control of property)
- Criminal mischief causing $2,500+ damage
Battery
- Battery resulting in moderate bodily injury
- Domestic battery with prior conviction, in presence of child, or causing moderate injury
- Battery against public safety official
Drug Crimes
- Marijuana possession (with prior convictions)
- Possession of paraphernalia (under certain circumstances)
- Certain controlled substance offenses
Other Offenses
- Intimidation with deadly weapon or threat of forcible felony
- Criminal trespass (under certain circumstances)
- Fraud or forgery (smaller amounts)
- Invasion of privacy (under certain circumstances)
- Identity deception
- Residential entry
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 amount of loss.
Domestic Battery as Level 6 Felony
Under IC 35-42-2-1.3, domestic battery becomes a Level 6 felony when:
- The defendant has a prior unrelated conviction for domestic battery (even if years earlier)
- The offense is committed in the physical presence of a child under 16 years old
- It results in moderate bodily injury to the victim (bruising, minor cuts, temporary impairment)
Without these aggravating factors, domestic battery is typically charged as a Class A misdemeanor (up to 1 year county jail). The presence of multiple factors can elevate the charge to Level 5 or higher felonies.
Indiana takes domestic violence seriously, and domestic battery convictions—even misdemeanors—carry federal firearm prohibition under the Lautenberg Amendment. Level 6 domestic battery also makes defendants ineligible for certain diversion programs.
Intimidation as Level 6 Felony
Under IC 35-45-2-1, intimidation becomes a Level 6 felony when it:
- Involves a threat to commit a forcible felony (rape, robbery, aggravated assault, murder, etc.)
- Is made while the defendant is armed with a deadly weapon
- Results in another person being placed in fear of retaliation for prior law enforcement reports
- Is committed against public officials, judges, or witnesses in legal proceedings
Base intimidation (threats causing fear) is a Class A misdemeanor. The felony enhancement applies when additional danger factors are present. If the threat is communicated to cause evacuation of a building, school, or public place, the charge elevates to Level 5 felony with increased penalties.
Intimidation charges often arise from domestic disputes, workplace conflicts, or social media posts. The specific wording of the threat, context, and whether the victim reasonably believed the threat was credible are all important factors in these cases.
Reduction and Expungement
Alternative Misdemeanor Sentencing (AMS)
Courts may reduce certain Level 6 Felonies to misdemeanors through Alternative Misdemeanor Sentencing under IC 35-38-1-1.5:
- Available for certain Level 6 felonies at sentencing
- Requires court approval
- Typically reserved for first-time offenders
- Not available for all Level 6 crimes
- Results in misdemeanor conviction instead of felony
AMS allows eligible defendants to avoid a felony conviction entirely, dramatically reducing long-term consequences.
Expungement Eligibility
Many Level 6 Felonies are eligible for expungement five years after conviction if the person has:
- Completed their sentence (including probation/parole)
- Paid all fines and restitution
- Had no new criminal convictions
- Met other statutory requirements
Expungement "seals" the conviction from most public records, though law enforcement and courts can still access it. Expunged convictions generally don't need to be disclosed to employers or landlords (with some exceptions for government jobs or licensed professions).
Expungement laws are complex, and eligibility depends on:
- The specific offense
- Prior criminal history
- Time since conviction
- Compliance with sentence terms
Consult with an Indiana criminal defense attorney to determine your expungement eligibility.
How to Estimate Your Jail Time
You can use our Indiana Level 6 Felony Calculator to estimate release eligibility based on:
- Sentence length (years and months)
- Offense date
- Incarceration start date
- Custody type (county jail vs. state prison)
- Jail credit (pre-sentence time served)
- Credit class level (A, B, C, or D)
- Violent offense classification
- Credit-restricted felon status
- 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.
Frequently Asked Questions
How bad is a Level 6 Felony in Indiana?
A Level 6 Felony is the least severe felony in Indiana but still more serious than any misdemeanor. It can affect employment, firearm rights, and background checks. While less serious than Level 1-5 felonies, it remains a felony conviction with significant long-term consequences. However, Level 6 is eligible for Alternative Misdemeanor Sentencing and expungement, making it less permanently damaging than higher-level felonies.
What happens for a first-time Level 6 Felony in Indiana?
First-time Level 6 felony offenders often receive more lenient treatment including probation, suspended sentences, or placement in county jail rather than state prison. Courts may grant Alternative Misdemeanor Sentencing (AMS) to reduce the charge to a misdemeanor at sentencing. Judges consider factors such as age, employment, community ties, acceptance of responsibility, and willingness to participate in rehabilitation programs when determining sentences for first-time offenders.
What are the fines for a Level 6 Felony in Indiana?
A Level 6 Felony carries a maximum fine of $10,000 under IC § 35-50-2-7. However, because Level 6 is the lowest felony classification, actual fines imposed are often considerably lower—typically $250 to $2,500 for first-time offenders. The fine is imposed in addition to jail time and is separate from restitution payments to victims. Judges consider the defendant's ability to pay, financial harm to victims, economic benefit gained, and need for deterrence when setting fine amounts. Courts commonly allow payment plans.
How much jail time does a Level 6 Felony carry in Indiana?
A Level 6 Felony carries 6 months to 2.5 years, with an advisory sentence of 1 year. Most non-violent offenders serve about 75% of the sentence with Class B credit time (about 9 months on a 1-year sentence). Actual time served depends on credit class eligibility, jail credit, good behavior, and disciplinary record.
What is the sentence for a Level 6 Felony habitual offender?
If classified as a habitual offender under IC § 35-50-2-8, an additional sentence of 2 to 6 years can be added to a Level 6 felony. The habitual offender enhancement applies when a person has two prior unrelated felony convictions. The enhancement cannot exceed the length of the underlying offense sentence, and the additional time is typically served consecutively (after the base sentence). This significantly increases total incarceration time.
Can you get bond for a Level 6 Felony in Indiana?
Yes. Bond amounts for Level 6 felonies typically range from $1,500 to $10,000, depending on the county, specific offense, criminal history, and flight risk assessment. Some first-time offenders may be released on their own recognizance (OR bond) without posting cash. Courts consider community ties, employment status, prior court appearances, and the nature of the offense when setting bond amounts.
What are examples of Level 6 Felonies in Indiana?
Common Level 6 felonies include Operating While Intoxicated (OWI) with prior conviction, theft of property valued $750-$50,000, battery resulting in moderate bodily injury, marijuana possession with prior offenses, criminal conversion, identity deception, invasion of privacy, criminal mischief causing significant damage, intimidation with a deadly weapon, and domestic battery with aggravating factors.
Is domestic battery a Level 6 Felony in Indiana?
Yes. Domestic battery can be charged as a Level 6 felony when the defendant has a prior unrelated conviction for domestic battery, the offense is committed in the physical presence of a child under 16, or it results in moderate bodily injury to the victim. Without these aggravating factors, domestic battery is typically charged as a Class A misdemeanor.
Is intimidation a Level 6 Felony in Indiana?
Yes. Intimidation becomes a Level 6 felony when it involves a threat to commit a forcible felony, is made while armed with a deadly weapon, results in another person being placed in fear of retaliation for a prior law enforcement report, or is committed against public officials, judges, or witnesses. The level increases to Level 5 if the threat is communicated with intent to cause evacuation of a building or public place.
Can a Level 6 Felony be served in county jail?
Yes. Many Level 6 Felony sentences are served in county jail instead of state prison, depending on the county and the court's discretion. This is particularly common for shorter sentences (typically under 1-2 years). Courts consider factors such as sentence length, criminal history, available space, and local agreements between counties and IDOC.
Can a Level 6 Felony be reduced to a misdemeanor?
Yes, through Alternative Misdemeanor Sentencing (AMS) under IC 35-38-1-1.5. Courts may reduce certain Level 6 Felonies to misdemeanors at sentencing for eligible defendants, typically first-time offenders. This must be done at or before sentencing—not years later.
Does Indiana extradite for a Level 6 Felony?
Yes, Indiana will typically seek extradition for Level 6 Felony warrants, though the decision depends on factors like distance, cost, and the specific offense. Being in another state does not make a warrant disappear. Contact a criminal defense attorney if you have an outstanding warrant.
Can a Level 6 Felony be expunged in Indiana?
Yes. Most Level 6 Felonies are eligible for expungement five years after conviction if the person has completed their sentence and has no new offenses. Expungement seals the conviction from most public records, though some government agencies and courts can still access it.
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.
Always consult with a qualified Indiana criminal defense attorney for legal guidance about your specific case. Attorneys can:
- Explain your rights and options
- Negotiate for reduced charges or alternative sentencing
- Advocate for minimum sentences or probation
- Challenge improper evidence or procedures
- Advise on expungement eligibility
Indiana criminal law is complex, and outcomes vary widely based on individual circumstances. Professional legal representation is critical for protecting your rights and achieving the best possible outcome.