Can I Change the Terms of My Sentence?
Were you recently convicted of a criminal offense that has come with a sentence of incarceration or probation, and you believe that there are reasons that your sentence should be modified or reduced? If so, it is important to know that it may be possible to modify your sentence, and that you do not need to go through an entire appeals process in order to do so. To be clear, modifying the terms of your sentence, including the period of incarceration or the terms of your probation, is something that can be done outside the appeals process. Under Indiana law, sentence modification is distinct from an appeal.
How and when can a person change the terms of their sentence? Our Indianapolis criminal defense lawyers can explain in more detail, and we can answer any questions you have about your particular circumstances.
Is Your Conviction Eligible for a Sentence Modification?
First, it is important to understand what types of convictions can and cannot be eligible for sentence modification. Generally speaking, any conviction for a violent criminal offense is excluded from sentence modification under IC 35-38-1-17, which includes convictions for the following offenses:
- Murder;
- Attempted murder;
- Voluntary manslaughter;
- Involuntary manslaughter;
- Reckless homicide;
- Aggravated battery;
- Kidnapping;
- Rape;
- Child molesting;
- Sexual misconduct with a minor (when charged as a particular felony offense);
- Robbery (when charged as a particular felony offense);
- Burglary (when charged as a particular felony offense); and/or
- Unlawful possession of a firearm by a serious violent felony.
To pursue the modification of a sentence for one of these convictions, it requires the consent of the county Prosecuting Attorney.
Grounds for Seeking a Sentence Modification
If you are eligible based on the type of conviction to have the duration of your prison sentence modified, or the terms of your probation modified, what are the grounds for seeking such a modification? Generally speaking, the following are grounds for sentence modification that can result in a reduction of your prison time or modifications to the terms of your probation:
- Your original sentence was unlawful under Indiana law;
- New information has arisen in your case;
- You have successfully completed a rehabilitation program or another program designed for self-improvement; or
- Your family is experiencing substantial hardship due to your sentence.
It will be important to discuss the reasons for wanting a sentence modification with your criminal defense lawyer. If you may be eligible, your attorney can help you to file a petition for sentence modification. Depending on the case, there may be a hearing, or the court may rule on your petition without a hearing. To find out more, you should get in touch with a criminal defense lawyer at Rigney Law LLC.
Contact an Indianapolis Probation and Parole Lawyer Today for Assistance
Do you have questions about the possibility of changing the terms of your sentence, and specifically about changing the terms of your probation or incarceration? If so, it is critical to seek legal help with this process. While it may be possible to modify the terms of your sentence under Indiana law, the process is complex and is one that requires assistance from one of the experienced Indianapolis probation and parole attorneys at Rigney Law LLC. To have your questions answered or to find out more about sentence modification under the Indiana Code, you should contact Rigney Law LLC today.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-1/section-35-38-1-17/