§ 35-50-2-7 — Class D felony; Level 6 felony; judgment of conviction entered as a misdemeanor

Indiana § 35-50-2-7

• Jurisdiction: Indiana
• Art. 50: SENTENCES
• Ch. 2: Death Sentence and Sentences for Felonies and Habitual

Text

(a) A person who commits a Class D felony
(for a crime committed before July 1, 2014) shall be imprisoned for a
fixed term of between six (6) months and three (3) years, with the
advisory sentence being one and one-half (1 1/2) years. In addition, the
person may be fined not more than ten thousand dollars ($10,000).
(b) A person who commits a Level 6 felony (for a crime committed
after June 30, 2014) shall be imprisoned for a fixed term of between six
(6) months and two and one-half (2 1/2) years, with the advisory
sentence being one (1) year. In addition, the person may be fined not
more than ten thousand dollars ($10,000).
(c) Notwithstanding subsections (a) and (b), if a person has
committed a Class D felony (for a crime committed before July 1,
2014) or a Level 6 felony (for a crime committed after June 30, 2014),
the court may enter judgment of conviction of a Class A misdemeanor
and sentence accordingly. However, the court shall enter a judgment of
conviction of a Class D felony (for a crime committed before July 1,
2014) or a Level 6 felony (for a crime committed after June 30, 2014)
if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for
which judgment was entered as a conviction of a Class A
misdemeanor; and
(B) the prior felony was committed less than three (3) years
before the second felony was committed;
(2) the offense is domestic battery as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-42-2-1.3; or
(3) the offense is possession of child sex abuse material (IC 35-42-4-4(d)).
The court shall enter in the record, in detail, the reason for its action
whenever it exercises the power to enter judgment of conviction of a
Class A misdemeanor granted in this subsection.
(d) Notwithstanding subsections (a) and (b), the sentencing court
may convert a Class D felony conviction (for a crime committed before
July 1, 2014) or a Level 6 felony conviction (for a crime committed
after June 30, 2014) to a Class A misdemeanor conviction if, after
receiving a verified petition as described in subsection (e) and after
conducting a hearing of which the prosecuting attorney has been
notified, the court makes the following findings:
(1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).
(2) The person was not convicted of a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) that resulted in bodily injury to
another person.
(3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
repeal).
(4) The person has not been convicted of domestic battery as a
Class D felony (for a crime committed before July 1, 2014) or a
Level 6 felony (for a crime committed after June 30, 2014) under
IC 35-42-2-1.3 in the fifteen (15) year period immediately
preceding the commission of the current offense.
(5) At least three (3) years have passed since the person:
(A) completed the person's sentence; and
(B) satisfied any other obligation imposed on the person as part
of the sentence;
for the Class D or Level 6 felony.
(6) The person has not been convicted of a felony since the
person:
(A) completed the person's sentence; and
(B) satisfied any other obligation imposed on the person as part
of the sentence;
for the Class D or Level 6 felony.
(7) No criminal charges are pending against the person.
(e) A petition filed under subsection (d) or (f) must be verified and
set forth:
(1) the crime the person has been convicted of;
(2) the date of the conviction;
(3) the date the person completed the person's sentence;
(4) any obligations imposed on the person as part of the sentence;
(5) the date the obligations were satisfied; and
(6) a verified statement that there are no criminal charges pending
against the person.
(f) If a person whose Class D or Level 6 felony conviction has been
converted to a Class A misdemeanor conviction under subsection (d)
is convicted of a felony not later than five (5) years after the conversion
under subsection (d), a prosecuting attorney may petition a court to
convert the person's Class A misdemeanor conviction back to a Class
D felony conviction (for a crime committed before July 1, 2014) or a
Level 6 felony conviction (for a crime committed after June 30, 2014).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.120; Acts 1982, P.L.204, SEC.40; P.L.334-1983,
SEC.3; P.L.136-1987, SEC.7; P.L.167-1990, SEC.2; P.L.188-1999,
SEC.9; P.L.98-2003, SEC.3; P.L.71-2005, SEC.10; P.L.69-2012,
SEC.6; P.L.13-2013, SEC.145; P.L.159-2013, SEC.5; P.L.158-2013,
SEC.660; P.L.168-2014, SEC.117; P.L.13-2016, SEC.19; P.L.40-2019,
SEC.14; P.L.218-2025, SEC.24.