Can a Felony Be Reduced to a Misdemeanor in Indiana?

Introduction

Yes. Under some circumstances, an Indiana felony charge or conviction can be reduced to a misdemeanor. However, a reduction is not automatic. The result depends on the level of the felony, the exact offense, the person’s criminal history, and the stage of the case. In more than 20 years of practicing law, I have learned that the best time to discuss a possible reduction is early in the case. A felony conviction can affect employment, housing, professional licenses, firearm rights, and many other parts of a person’s life.

Does the Type or Level of Felony Affect Whether It Can Be Reduced?

Yes. The level and type of felony are very important.

Indiana has six felony levels. Level 1 is the most serious, while Level 6 is the lowest felony level.

Indiana Code section 35-50-2-7 allows a court to enter certain Level 6 felony convictions as Class A misdemeanors. This is sometimes called alternative misdemeanor sentencing.

The statute generally does not give a court the same power to convert a Level 1, Level 2, Level 3, Level 4, or Level 5 felony directly into a misdemeanor.

A higher-level felony may still be reduced through plea negotiations. For example, a prosecutor might agree to amend a Level 5 felony to a Level 6 felony or misdemeanor. This can happen when there are problems with the evidence, important mitigating facts, or an agreement that resolves several charges.

The prosecutor is not required to offer a reduction.

Some Level 6 Felonies Are Excluded

Not every Level 6 felony qualifies for misdemeanor treatment.

Under Indiana law, a court cannot use the immediate reduction provision for certain offenses, including:

• Level 6 felony domestic battery;
• Possession of child sex abuse material as covered by the statute; and
• Certain repeat cases involving an earlier felony that was treated as a misdemeanor.

Different restrictions apply when a person asks for a reduction after completing the sentence. For example, a later conversion is generally unavailable if the offense caused bodily injury or if the person is a sex or violent offender.

Professional insight: The name of the charge is only the starting point. I review the exact subsection, the facts alleged, any prior convictions, and the evidence. Two people charged with Level 6 felonies may have very different chances of receiving misdemeanor treatment.

At What Point Can a Felony Be Reduced to a Misdemeanor?

A reduction may occur at several different points in an Indiana criminal case.

Before a Plea or Trial

The prosecutor may amend or reduce the charge during plea negotiations.

A defense attorney may point to:

• Weaknesses in the State’s evidence;
• Problems with a search, traffic stop, or police interview;
• A witness who cannot support the charge;
• Evidence that does not prove every part of the felony offense;
• The defendant’s lack of criminal history; or
• Treatment, restitution, or other corrective action.

If an agreement is reached, the defendant may plead guilty to a misdemeanor instead of the original felony.

At the Time of Sentencing

If a person is convicted of an eligible Level 6 felony, the judge may enter the judgment as a Class A misdemeanor and impose a misdemeanor sentence.

The judge must explain the reasons for granting the reduction. Indiana law also identifies offenses and prior-record situations in which the court must enter the conviction as a felony.

After a Conditional Felony Conviction

Indiana law permits a court to enter a Level 6 felony conviction with a written condition that it will later be converted to a Class A misdemeanor if the person meets certain requirements.

The person must plead guilty to an eligible Level 6 felony. The prosecutor must consent, and the defendant must agree to the court’s conditions.

Conditions may include:

• Completing probation;
• Committing no new offenses;
• Completing substance-use or mental-health treatment;
• Paying restitution, fines, and court costs;
• Performing community service; and
• Following all other court orders.

If the person violates the agreement, the conviction may remain a felony.

After the Sentence Has Been Completed

Indiana law also permits some people to petition the sentencing court to convert a Level 6 felony conviction to a Class A misdemeanor.

Generally, at least three years must have passed since the person completed the sentence and satisfied every obligation imposed as part of it.

The court must also find that:

• The person is not a sex or violent offender;
• The offense did not result in bodily injury;
• The person was not convicted of certain excluded offenses;
• The person has not been convicted of another felony since completing the sentence; and
• No criminal charges are pending.

The prosecutor must receive notice, and the court must hold a hearing. The judge has discretion to grant or deny the request.

What Factors May Affect Whether a Felony Is Reduced?

Every case is different. A prosecutor or judge may consider many facts.

The Seriousness of the Conduct

A reduction may be less likely when the conduct caused an injury, involved a weapon, placed the public in danger, or caused a large financial loss. A reduction may be more likely when the conduct was less serious than what is normally seen with that charge.

Criminal History

A person with little or no criminal history may have a stronger request than someone with several prior convictions.

The court may also consider prior felony convictions, earlier misdemeanor reductions, probation violations, pending cases, and whether the person committed a new offense while released on bond.

Acceptance of Responsibility

A person who accepts responsibility may be viewed more favorably. This can include entering a timely plea, being honest with the court, apologizing, or taking steps to repair the harm.

Acceptance of responsibility does not mean a person should plead guilty without first reviewing the evidence and possible defenses.

Restitution, Treatment, and Rehabilitation

If the offense caused financial loss, paying restitution can be important. Even partial payments may show that the person is making a serious effort to correct the harm.

Completing treatment can also make a difference when the case involves drugs, alcohol, mental health, anger, or another personal issue. Helpful proof may include treatment records, negative drug screens, counseling attendance, recovery-program participation, employment records, and educational progress.

Compliance and the Positions of Others

The court may consider whether the person appeared for hearings, followed bond conditions, completed probation, and paid required obligations.

The prosecutor’s agreement can be important, especially when the reduction is part of a plea agreement or conditional sentence. A victim’s statement may also affect the prosecutor’s position and the judge’s decision.

Professional insight: Promises about future behavior are usually not enough. Courts and prosecutors respond better to proof. Treatment records, restitution receipts, clean drug screens, steady employment, and compliance with court orders can show real progress.

How Can a Reduction Affect the Penalties?

A Level 6 felony carries a possible sentence of six months to two and one-half years. The advisory sentence is one year. The court may also impose a fine of up to $10,000.

A Class A misdemeanor carries a maximum jail sentence of one year and a maximum fine of $5,000.

The reduction can therefore lower:

• The maximum possible jail sentence;
• The maximum fine;
• The length and type of probation;
• The risk of placement in the Indiana Department of Correction; and
• Some long-term effects connected with having a felony conviction.

The exact sentence depends on the plea agreement, the judge’s order, credit time, and the facts of the case.

How Can a Reduction Affect Your Criminal Record?

A conviction entered or converted as a Class A misdemeanor is no longer classified as a felony conviction for many purposes.

This can improve a person’s ability to apply for employment, find housing, seek certain professional licenses, attend school or training programs, obtain loans, and explain the case during a background check.

However, the reduction does not erase the case. The misdemeanor conviction will normally remain on the person’s criminal record unless it is later expunged.

Indiana law generally allows a person to seek expungement of a misdemeanor, including a felony reduced to a misdemeanor, five years after the date of conviction. The prosecutor may consent to an earlier filing. Other statutory requirements must also be met.

A reduction also may not remove every consequence connected to the underlying conduct. Firearm restrictions, immigration issues, professional licensing rules, protective orders, and employment regulations may require separate review.

A Reduction Can Sometimes Be Reversed

If a felony is converted to a misdemeanor after the sentence and the person is convicted of another felony within five years after the conversion, the prosecutor may ask the court to convert the misdemeanor back to a felony.

What Should You Do if You Want a Felony Reduced?

1. Obtain the exact charging information and identify the felony level.
2. Determine whether the offense qualifies for Level 6 misdemeanor treatment.
3. Review the evidence and possible defenses.
4. Obtain a complete criminal-history report.
5. Follow every bond, probation, and court order.
6. Begin appropriate treatment as early as possible.
7. Pay restitution and other obligations when possible.
8. Keep written proof of employment, treatment, payments, and community service.
9. Discuss both immediate and future reduction options with an attorney.
10. Do not assume that completing probation will automatically reduce the conviction.

The Bottom Line

A felony can sometimes be reduced to a misdemeanor in Indiana.

The most common statutory option applies to eligible Level 6 felonies. A reduction may occur through plea negotiations, at sentencing, after successful completion of agreed conditions, or through a petition filed after the sentence has been completed.

The type of offense, criminal history, bodily injury, rehabilitation, restitution, prosecutor’s position, and compliance with court orders may all affect the result.

With more than 20 years of legal experience, I understand that the goal is not limited to reducing the immediate sentence. The long-term effect on employment, housing, professional licenses, firearm rights, and the person’s criminal record must also be considered.

Speak With an Indiana Criminal Defense Attorney

If you have been charged with a felony or have an old Level 6 felony conviction, the Bellinger Law Office can review whether a misdemeanor reduction may be available.

We can examine the charge, criminal history, plea agreement, sentencing order, completion records, and other factors that may affect eligibility.

Contact the Bellinger Law Office at (260) 428-2214 or click the link below to schedule a consultation about reducing an Indiana felony charge or conviction.

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This article provides general information about Indiana law. It is not legal advice and does not create an attorney-client relationship. Laws and court procedures may change. The outcome of any case depends on its specific facts.