Criminal Law
Sentencing Ranges
Each criminal charge is classified by number (felonies) or letter (misdemeanors). The possible sentences and fines are listed below.
Felonies
| Level | Sentence Range | Advisory Sentence | Fine |
|---|---|---|---|
| Murder | 45-65 years | 55 years | Up to $10,000 |
| Level 1 | 20-40 years | 30 years | Up to $10,000 |
| Level 2 | 10-30 years | 17.5 years | Up to $10,000 |
| Level 3 | 3-16 years | 9 years | Up to $10,000 |
| Level 4 | 2-12 years | 6 years | Up to $10,000 |
| Level 5 | 1-6 years | 3 years | Up to $10,000 |
| Level 6 | 0.5-2.5 years | 1 year | Up to $10,000 |
Misdemeanors
| Level | Sentence Range | Fine |
|---|---|---|
| A | 0-365 days | Up to $5,000 |
| B | 0-180 days | Up to $1,000 |
| C | 0-60 days | Up to $500 |
Credit Time (Good Time Credit)
In most cases, you will only serve a portion of your executed sentence. How much time you will serve depends on the level of the offense, whether you are a credit restricted felon, and whether you violate a rule of the correctional facility or jail where you are serving your sentence. You will not receive any good time credit for any portion of your sentence that is suspended to probation.
| Credit Class | Applies To | Description | Example |
|---|---|---|---|
| Class A | Level 6 Felonies and Misdemeanors | One day of credit for every day imprisoned or con1ned while awaiting trial. | If you are sentenced to sixty (60) days of executed time, you will actually serve (30) days. In other words, you will serve one-half (1/2) of your executed sentence. |
| Class B | All other felonies, unless credit restricted felon. | One day of credit for every three days imprisoned or con1ned while awaiting trial. | If you are sentenced to sixty (60) days of executed time, you will actually serve forty-five (45) days. In other words, you will serve three-quarters (3/4) of your sentence. |
| Class C | Credit Restricted Felons | One day of credit for every six days imprisoned or con1ned while awaiting trial. | If you are sentenced to fifty (56) days of executed time, you will actually serve forty-nine (49) days. In other words, you will serve six-sevenths (6/7) of your sentence. |
| Class D | Individuals found to have violated a rule of correctional facility during imprisonment. | No good time credit. | You must serve every day of your executed sentence. |
| Class P | Individuals released on pre-trial home detention while awaiting trial. | One day of credit for every four days spend on pre-trial home detention awaiting trial. | If you spend forty-eight (48) actual days on pre-trial home detention, you will receive credit for sixty (60) days towards any portion of your executed sentence. |
Probation (Suspended Sentence)
In many cases, the Court will suspend some or all of an individual’s sentence and place the individual on probation for the remainder of the individual’s sentence. The conditions of probation will vary from case to case, but may include requirements such as periodic appointments with a probation occer, community service, random drug testing, and attendance at a drug rehabilitation program. In most cases, an individual must successfully complete the entire term of probation.
An individual does not receive credit time (i.e., good time credit) while on probation. Unless modi1ed, an individual must successfully complete the entire term of probation. If an individual violates the conditions of probation at any time during the term of probation, the judge may do any of the following regardless of how many days are left on the individual’s term of probation:
- Place the individual back on probation.
- Extend the probation term for up to one (1) year.
- Order the execution of all or part of the portion of the individual’s suspended sentence.
- Modify the conditions of probation.