Understanding Class A Misdemeanors in Indiana

In Indiana, a misdemeanor, or criminal misdemeanor, is defined as any crime punishable by a year or less imprisonment in a county jail. Under Indiana Code (IC) 35-50-3-2, misdemeanor offenses are grouped into classes to reflect their relative severity: Class A, Class B, and Class C. This classification model, which is similar to those used in states such as Illinois, Kentucky, and Alaska, ranges from the most serious charge (Class A) to the least serious charge (Class C). Depending on the specific class and circumstances of a misdemeanor offense, a convicted individual may receive a jail sentence, be instructed to pay fines that may reach several thousand dollars, or both.

Examples of Class A Misdemeanors in Indiana

Title 35: Criminal Law and Procedure of the Indiana Code (IC 35) designates various offenses as Class A misdemeanors, for which the State of Indiana may pursue charges in courts of competent jurisdiction. The official documentation of these legal proceedings, including filings, hearings, and judgments, is maintained as part of the Indiana Criminal Court Records.

Examples of Class A misdemeanors in Indiana include:

• Criminal trespass
• Operating while intoxicated (OWI)
• Intimidation
• Domestic battery
• Theft
• Minor/low-level drug possession (e.g., marijuana)

Penalties for a Class A Misdemeanor in Indiana

IC 35-50-3-2 outlines the potential penalties for a Class A misdemeanor in Indiana:

• Imprisonment for a fixed term not exceeding one year;
• A fine not exceeding $5,000; or
• Both.

While an offense may initially be classified as a Class A misdemeanor or only reach that classification under specific circumstances, it may be elevated to a felony in Indiana. Furthermore, courts may impose alternative or additional sentences, such as probation, on the offender, depending on the specifics of each case.

Probation and Alternative Sentencing Options in Indiana

Besides standard legal penalties (jail time and fines) that misdemeanor offenders may incur upon a plea or finding of guilt, courts in Indiana may impose an alternative sentence. These alternatives include

• Probation (IC 35-38-2): An Indiana court may suspend any part of a misdemeanor sentence, in whole or in part, and place the defendant on probation for a duration not exceeding one year. However, if the court finds substance abuse as a material element or contributing factor of the offense, the term may be extended up to two years.

  Probation imposes certain court-ordered conditions on a misdemeanant, such as:

  • Regular check-ins with a probation officer
  • Paying restitution to the victim
  • Refraining from drug use
  • Completing counseling or educational programs
  • Performing community service
  • Participating in community corrections programs
  • Travel or contact restrictions
• Restitution (IC 35-50-5-3): This may be ordered as part of a probationary sentence or as a standalone requirement. A restitution order compels the offender to pay the victim of the crime, the victim's estate, or the family of a deceased victim for the damages they suffered as a result of their offenses, including:
  • Property damage
  • Medical and hospital costs
  • Funeral, burial, or cremation costs
  • Medical laboratory test costs
  • Lost wages

Other alternative sentencing options for Class A misdemeanors in Indiana include:

• Conditional Discharge (IC 35-48-4-12): This alternative is primarily utilized for first-time offenders of misdemeanor possession charges involving marijuana, hashish, salvia, or smokable hemp. When a first-time offender pleads guilty, the court may defer the entry of judgment and instead place them in custody, subject to specific conditions, such as drug testing, refraining from new offenses, community service, and treatment.

  Successful completion of these conditions results in a dismissal of charges. Conversely, failure to fulfill the conditions may lead to a judgment of conviction. Notably, Indiana law permits an individual to receive a conditional discharge only once in their lifetime.

• Community Corrections (IC 11-12-1-1, IC 35-38-2.6): Provides a diversion or sentencing alternative from county jail or prison, often for non-violent offenders. Courts may order eligible non-violent misdemeanor offenders to serve their sentence within the community while receiving the necessary assistance (life skills, substance abuse treatment, etc.).

  Community corrections offers a more intensive supervision approach than conventional probation, with the objective of providing evidence-based programs that effectively reduce recidivism while ensuring public safety. Depending on the county, supervision may include:

  • Home Detention or House Arrest: Confines the offender to their residence for a fixed period to serve their sentence, typically with 24/7 GPS (Global Positioning System) monitoring.
  • Work Release with GPS Monitoring: This program enables offenders to complete work at an approved work site as part of their jail sentence, while wearing a GPS monitoring ankle bracelet.
  • Community Service: Requires the offender to complete community service hours ordered by the court as a means of making amends to the community for their offense.

Can a Class A Misdemeanor Be Expunged or Sealed in Indiana?

Yes. It is possible to expunge a Class A misdemeanor in Indiana under IC 35-38-9, allowing a person to be relieved from the consequences of the charge or conviction. However, the exact method for achieving expungement varies depending on the type of case. An expungement in Indiana permanently seals arrest, charge, delinquency allegation, delinquency adjudication, or conviction records, as well as any records relating to a collateral action.

For persons who were arrested but not convicted or adjudicated a delinquent child (IC 35-38-9-1) for a Class A misdemeanor, expungement is free, and sometimes automatic or subject to a one-year waiting period. Automatic expungement applies to cases after June 30, 2022, where:

• All criminal charges or all juvenile delinquency allegations are dismissed;
• One year has passed since the juvenile delinquency allegations were filed, no disposition or order of waiver has occurred, and the state is not actively prosecuting the case; or
• The defendant is acquitted, the court finds all juvenile delinquency allegations not true, or a conviction or true finding is later vacated.

For individuals convicted of Class A misdemeanors (IC 35-38-9-2), including any Class D or Level 6 felony that has been converted to a Class A misdemeanor, the eligibility requirements are more stringent. For one, the offender will have to wait at least five years after conviction to apply unless the prosecutor agrees to a shorter time frame. Additionally, the petitioner will be charged a civil case filing fee—currently $157, or $187 (if service of process is included). This fee may be reduced or waived for indigent petitioners. Further, only one expungement petition is permitted in a person's lifetime, and certain offenses are statutorily ineligible.

The Indiana Judiciary's Expungement resource has detailed information on criminal case expungements in the State of Indiana.

Long-Term Consequences of a Class A Misdemeanor Conviction

A Class A misdemeanor conviction in Indiana carries both legal and collateral consequences. Legal penalties eventually end once a person has served their sentence. However, the collateral effects may be far-reaching, including:

• Diminished job and educational prospects
• Barriers to securing quality housing
• Deportation or other immigration challenges (for non-citizens)
• Loss of certain rights, including prohibitions on owning firearms
• A decline in one's reputation or social standing

Notwithstanding, the extent to which these consequences affect a person varies by case and the state in which they are convicted.

What to Do if You’re Charged with a Class A Misdemeanor in Indiana

Legal counsel is strongly recommended when facing a Class A misdemeanor charge in Indiana. Such Class A crimes are considered the most severe of their category, carrying possible jail time and fines. Consequently, it is vital to understand one's rights and options. An attorney may explain the legal process of a Class A misdemeanor charge, guiding their client through what will be expected of them (including court appearances), the proper conduct to adopt during the proceedings, and possible plea negotiations. Under Indiana law, local court rules, and the Sixth Amendment, anyone charged with a Class A misdemeanor is entitled to counsel. A court-appointed lawyer is available if they cannot afford a private one.

Crucially, each criminal defendant in Indiana should endeavor to attend their scheduled court hearings, comply with court requirements, and maintain communication with the court as needed. This is because a failure to appear or contempt of court may incur added penalties or enhance sentencing.

Statute of Limitations for Class A Misdemeanors in Indiana

The statute of limitations for Class A misdemeanors in Indiana is two years after the offense is committed (IC 35-41-4-2). This period defines the limit within which the State must commence prosecution for such crimes. Once this period expires, prosecution is barred.

However, the statute of limitations is tolled (or suspended) when:

• The accused/defendant is out of state or is in hiding;
• The accused/defendant or another party conceals evidence of the offense; or
• The accused/defendant is an elected or appointed public official charged with theft of public funds while in office.