What Are Sentencing Guidelines in Indiana?
Whether you are facing misdemeanor or felony charges if you are found guilty and convicted, the conviction will result in a criminal sentence. When a judge sentences a person who has been convicted of a criminal offense in Indiana, the judge will need to apply statutory sentencing ranges. These sentencing ranges listed in the Indiana Code are known as sentencing guidelines. Within the sentencing guidelines, there are also advisory sentences that a judge can use as a guideline, but this is different from sentencing guidelines.
Our Indianapolis criminal defense attorneys can explain in more detail how sentencing guidelines work, and the distinction between a sentencing guideline and an advisory sentence. This information is important for anyone to know who is facing a misdemeanor or felony offense in Indiana.
What Are Sentencing Guidelines in the Indiana Code?
Sentencing guidelines for all types of criminal offenses are set forth in IC 35-50. This is the set of statutes under Indiana law in which sentences are defined, and the possible minimum and maximum sentences are set forth. Depending on the type of offense, there may be minimum and maximum sentences for jail or imprisonment, along with minimum and maximum numbers for a fine that can be assessed upon conviction.
Sentencing guidelines exist for each level of criminal offense. In addition, felony sentencing guidelines include an advisory sentence, which we will explain in more detail below.
Felony offenses are more serious than misdemeanor offenses. Within each category of offense — misdemeanor or felony — the lower letter or number is the less serious of the offenses. In other words, a Class C misdemeanor is the least serious misdemeanor offense. Class B misdemeanors are more serious, and Class A misdemeanors are the most serious of the misdemeanor offenses. In terms of felony offenses, a Level 6 felony is the least serious felony, increasing up to a Level 1 felony, and finally Murder as the most serious felony offense. When a person is convicted of a criminal offense, they will be sentenced, and their sentence typically must be within the sentencing guidelines set forth in the Indiana Code.
What is an Advisory Sentence?
Under Indiana law, there are advisory sentences set forth for felony convictions. According to IC 35-50-2-1.3, an “advisory sentence” is defined as “a guideline sentence that the court may voluntarily consider when imposing a sentence.” The statute is clear that a court is not required to use an advisory sentence when sentencing a person for an underlying offense. There are some cases, however, in which an advisory sentence must be applied for a consecutive sentence.
What is an advisory sentence? For example, if a person is convicted of a Level 6 felony in Indiana, the sentencing guidelines provide a range of imprisonment from 6 months to 2.5 years. What that means is that the judge can impose a sentence on the person convicted that includes a period of incarceration that can last as little as 6 months or up to 2.5 years. The “advisory sentence,” however, is 1 year. What that means is that Indiana lawmakers generally suggest that a person be sentenced to a period of incarceration for 1 year if they are convicted of a Level 6 felony but a judge does not have to apply this advisory sentence.
Contact an Indianapolis Criminal Defense Lawyer
Do you have questions about sentencing guidelines for a misdemeanor or felony charge you are facing? An experienced Indianapolis criminal defense attorney at Rigney Law LLC can answer your questions and begin working with you on your defense today.
Sources:
law.justia.com/codes/indiana/title-35/article-50/
law.justia.com/codes/indiana/title-35/article-50/chapter-2/section-35-50-2-1-3/