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Common Legal Questions

Common Legal Questions

Q: What punishment am I facing?

A: If you are charged with a crime, you are innocent until proven guilty beyond a reasonable doubt. If your charges are dismissed, or if you are found not guilty, you will not suffer any punishment.

However, the Indiana legislator has established the punishment you face if you are convicted or plead guilty.

The Indiana Code details the potential punishment for various types of crimes, which are labeled in the following categories:

  • Felonies
  • Misdemeanors
  • Infractions
  • Habitual offender enhancements
  • Felonies
  • Misdemeanors
  • Infractions
  • Habitual Offender Enhancements
Felonies (I.C. 35-50-2, generally)
Type Range of Penalties
Class "D" felony
(I.C.35-50-2-7)
6 months - 3 years of incarceration
$0 - $10,000 fine
Class "C" felony
(I.C.35-50-2-6)
2 years - 8 years of incarceration
$0 - $10,000 fine
Class "B" felony
(I.C.35-50-2-5)
6 years - 20 years of incarceration
$0 - $10,000 fine
Class "A" felony
(I.C.35-50-2-4)
20 years - 50 years of incarceration
$0 - $10,000 fine
Murder
(I.C.35-50-2-3)
45 years - 65 years of incarceration
$0 - $10,000 fine
Misdemeanors (I.C. 35-50-3, generally)
Type Range of Penalties
Class "C" misdemeanor
(I.C.35-50-3-4)
0 days - 60 days in jail
$0 - $500 fine
Class "B" misdemeanor
(I.C.35-50-3-3)
0 days - 180 days in jail
$0 - $1,000 fine
Class "C" misdemeanor
(I.C.35-50-3-2)
0 days - 365 days in jail
$0 - $5,000 fine

Infractions aren’t technically criminal offenses. Infractions are actually civil in nature. This means that a person cannot go to jail or suffer imprisonment of any kind if he is found guilty.

The most common type of infraction are violation of the traffic laws (i.e. speeding, failure to yield, disregarding stop sign etc...)

There are dozens of other random infractions on the books. Here are a few of the common and more unusual infractions to give an understanding of the types of infractions that exist:

Littering, Timber-Spiking, Harboring non-immunized dogs, Open Container, failure to notify coroner of a dead body, minors in possession of tobacco, abandoned water craft, possession of paraphernalia (also a misdemeanor), failure to use proper child restraint system, failure to use seatbealt.

The Criminal Defense Team of Baldwin Adams Knierim and Kamish, P.C. will be glad to handle your infraction case, as well as your criminal case.

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