Level 6 Felony Indiana Jail Time Calculator | Sentencing & Release Estimator - Frequently Asked Questions

Question 1

What is a Level 6 Felony in Indiana?

Accepted Answer

A Level 6 Felony in Indiana carries a sentence of 6 months to 2.5 years in prison and up to a $10,000 fine under Indiana Code § 35-50-2-7. It is the lowest felony classification in Indiana, typically involving offenses such as OWI (Operating While Intoxicated), theft, battery, and certain drug crimes. Many Level 6 offenders serve their time in county jail rather than state prison.

Question 2

How much time do you serve on a Level 6 Felony in Indiana?

Accepted Answer

Most non-violent Level 6 felony offenders serve about 75% of their sentence after credit time, which corresponds to Class B credit (1 day credit per 3 days served). For example, on a 1-year sentence with Class B credit and good behavior, an inmate typically serves approximately 9 months. Credit-restricted felons (CRF) must serve 100% of their sentence with no credit time. Actual time served depends on conduct, program participation, jail credit, and disciplinary record.

Question 3

What happens for a first-time Level 6 Felony in Indiana?

Accepted Answer

First-time Level 6 felony offenders often receive more lenient treatment. Courts may grant probation, suspended sentences, or placement in county jail rather than state prison under IC 35-38-2-2.3. Alternative Misdemeanor Sentencing (AMS) allows judges to reduce eligible Level 6 felonies to misdemeanors at sentencing, particularly for first-time offenders who demonstrate remorse and have no prior criminal history. Judges consider factors such as age, employment, community ties, and willingness to participate in rehabilitation programs.

Question 4

What are the fines for a Level 6 Felony in Indiana?

Accepted Answer

A Level 6 Felony in Indiana carries a maximum fine of up to $10,000 under Indiana Code § 35-50-2-7. The fine is imposed in addition to jail time, not as a substitute. Judges determine the actual fine amount based on multiple factors including the defendant's ability to pay, the financial harm caused to victims, any economic benefit gained from the crime, and the need for deterrence. Because Level 6 is the lowest felony classification, actual fines imposed are often considerably lower than the maximum—typically ranging from $250 to $2,500 for first-time offenders. The fine is separate from restitution, which is court-ordered payment to compensate victims for their actual losses. Courts may allow payment plans for those who cannot pay immediately. For accurate guidance about fine assessment in your specific case, consult with a qualified Indiana criminal defense attorney.

Question 5

Can a Level 6 Felony be reduced or expunged?

Accepted Answer

Yes. Courts may reduce certain Level 6 Felonies to misdemeanors through Alternative Misdemeanor Sentencing (AMS) under IC 35-38-1-1.5. Additionally, many Level 6 felonies are eligible for expungement five years after conviction if the person has completed their sentence and has no new offenses. Good behavior and program participation can earn credit time that reduces the effective sentence under IC 35-50-6. Consult with an Indiana criminal defense attorney for case-specific guidance.

Question 6

What is the sentence for a Level 6 Felony habitual offender?

Accepted Answer

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 prior unrelated felony convictions. The enhancement cannot exceed the length of the underlying offense sentence, and judges consider the severity of prior convictions when determining the additional term. This significantly increases total incarceration time and reduces eligibility for alternative sentencing options.

Question 7

Can you get bond for a Level 6 Felony in Indiana?

Accepted Answer

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 factors such as community ties, employment status, prior court appearances, and the nature of the offense when setting bond amounts. Violent offenses or those involving weapons generally result in higher bond amounts.

Question 8

What are examples of Level 6 Felonies in Indiana?

Accepted Answer

Common Level 6 felonies include: Operating While Intoxicated (OWI) with prior conviction or causing endangerment; 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. Each offense has specific statutory requirements under Indiana Code Title 35.

Question 9

Is domestic battery a Level 6 Felony in Indiana?

Accepted Answer

Domestic battery can be charged as a Level 6 felony under IC 35-42-2-1.3 when: (1) the defendant has a prior unrelated conviction for domestic battery; (2) the offense is committed in the physical presence of a child under 16; or (3) it results in moderate bodily injury to the victim. Without these aggravating factors, domestic battery is typically charged as a Class A misdemeanor. The presence of multiple factors can elevate the charge to a higher felony level.

Question 10

Is intimidation a Level 6 Felony in Indiana?

Accepted Answer

Yes. Intimidation becomes a Level 6 felony under IC 35-45-2-1 when it: (1) involves a threat to commit a forcible felony; (2) is made while armed with a deadly weapon; (3) results in another person being placed in fear of retaliation for a prior report to law enforcement; or (4) is committed against public officials, judges, or witnesses. The level increases to Level 5 if the threat is communicated with the intent to cause evacuation of a building or place of assembly.

Question 11

Can a Level 6 Felony be served in county jail?

Accepted Answer

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 the Indiana Department of Correction. County jail conditions and policies may differ from state prison facilities managed by IDOC. Some offenders prefer county placement due to proximity to family and community resources.

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Frequently Asked Questions

What is a Level 6 Felony in Indiana?

How much time do you serve on a Level 6 Felony in Indiana?

What happens for a first-time Level 6 Felony in Indiana?

What are the fines for a Level 6 Felony in Indiana?

Can a Level 6 Felony be reduced or expunged?

What is the sentence for a Level 6 Felony habitual offender?

Can you get bond for a Level 6 Felony in Indiana?

What are examples of Level 6 Felonies in Indiana?

Is domestic battery a Level 6 Felony in Indiana?

Is intimidation a Level 6 Felony in Indiana?

Can a Level 6 Felony be served in county jail?

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What Is a Level 6 Felony in Indiana?

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