Felony convictions typically result in prison sentences, while misdemeanor offenses allow for more flexibility for the court to pursue alternative sentencing programs that are more than just incarceration. In Indiana, a judgment of conviction of a Level 6 felony can be converted to a conviction as a Class A Misdemeanor. Certainly, this alternative misdemeanor sentencing is not as simple as it seems, and an attorney who is experienced can help you navigate that process. This blog discusses alternative misdemeanor sentencing in Indiana.
Indiana Code 35-38-1-1.5 states, “(a) a court may enter judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor if the person fulfills certain conditions. A court may enter a judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Level 6 felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met: (1) the prosecuting attorney consents. (2) the person agrees to the conditions set by the court.” This means that if an individual is convicted of a Level 6 felony and the Judge expressly provides that the Level 6 felony conviction will be converted to a conviction as a Class A Misdemeanor, then there is an opportunity to convert. Furthermore, “[f]or a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).” The judge can provide a certain set of conditions that must be met for the individual to have the conviction converted to a Class A misdemeanor conviction.
Notably, the misdemeanor alternative sentencing is not an absolute guarantee. “[T]he court may not convert a judgment of conviction entered as a Level 6 felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.” So, not only must you successfully fulfill the conditions laid out by the judge, you also cannot commit a new offense before those conditions are satisfied. The aid of an attorney can ensure that you fully understand the requirements in place to receive misdemeanor alternative sentencing. Additionally, you may be interested in alternative sentencing due to the difference between a Level 6 felony conviction and a Class A misdemeanor conviction. A Level 6 felony conviction is the lowest ranked felony offense in Indiana, to which common crimes are as follows: (1) battery resulting in bodily injury; (2) intimidation; (3) involuntary manslaughter; (4) possession of cocaine or other narcotic drugs; and (5) theft between $750-$50,000. Class A misdemeanor is the most serious level of misdemeanor offenses in Indiana and common crimes are domestic battery, possession of marijuana, prostitution, certain DUI/OWI offenses, and theft under the amount of $750. There is a clear incentive to try to receive misdemeanor alternative sentencing since it would ultimately be a lesser conviction than a felony conviction.
Given this information concerning misdemeanor alternative sentencing, having the assistance of an adequate attorney is critical. There are clear requirements that must happen for misdemeanor alternative sentencing to apply and with the help of legal counsel you can be fully informed and advocated for. The attorneys at Ciyou & Associates, P.C. have experience in criminal proceedings concerning misdemeanor alternative sentencing. We are here to assist you with your criminal matter and receive alternative sentencing. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement.
