First Degree Felony in Indiana

Indiana classifies felonies under Title 35, Article 50 of the Indiana Criminal Code. The state does not formally use the term first-degree felony. Instead, it classifies felonies into six levels, with Level 1 felonies representing the most serious crimes short of murder and Level 6 felonies representing the least serious. Each level reflects the severity of the offense and the corresponding penalties.

In Indiana, the closest equivalent to a first-degree felony in other states is a Level 1 felony, with penalties determined by the type of crime, its severity, and the defendant’s prior criminal history. Indiana law, under IC 35-42-1-1, classifies murder separately and treats it with the highest level of gravity.

Common Crimes Classified as First Degree Felonies in Indiana

In Indiana, a Level 1 felony functions as the equivalent of a first-degree felony in other states and represents the most serious offenses short of murder. Examples include:

• Aggravated rape: rape is elevated to a Level 1 felony when it involves a victim under 14, the use of deadly weapons, or results in serious bodily injury
• Burglary causing serious bodily injury
• Attempted murder: when a person intentionally takes a substantial step toward killing another but does not complete the act
• Aggravated Battery: this becomes a Level 1 felony when an adult (18 or older) causes the death of a child under 14
• Child molestation: Indiana elevates child molesting to a Level 1 felony if the offender is 21 or older, the victim is under 14, and the crime involves sexual intercourse or deviate conduct causing serious injury.

FBI UCR data published in 2024 by USAFacts shows that Indiana recorded a violent crime rate of 313 offenses per 100,000 residents, reflecting a 10% drop in overall crime compared to 2023. The 2024 breakdown of violent crimes, which includes several Level 1 felonies, is as follows:

• Murder – 1.8%
• Rape – 10.7%
• Robbery – 11%
• Aggravated assault – 76.5%.

Prison Sentences and Fines for First Degree Felonies in Indiana

Indiana classifies a Level 1 felony as equivalent to a first-degree felony. A person convicted of this offense faces harsh penalties, including lengthy imprisonment and substantial fines. Under IC 35-50-2-4, a person convicted of a Level 1 felony (committed after June 30, 2014) must serve a fixed sentence between 20 and 40 years, with 30 years as the advisory guideline for judges. Alongside imprisonment, the court may impose a fine of up to $10,000.

Additionally, a person convicted of a Level 1 felony child molesting offense under IC 35-31.5-2-72(1) or (2) faces a fixed prison term of 20 to 50 years, with an advisory sentence of 30 years, and may also receive a fine of up to $10,000. Although the law sets the sentencing range, the judge holds discretion to increase or reduce the term based on circumstances. Aggravating factors, such as the use of a deadly weapon, prior convictions, or causing severe harm to the victim, may justify a harsher sentence. Conversely, mitigating factors, such as a clean record, cooperation with law enforcement, or genuine remorse, may lead the judge to impose a lighter sentence.

What is the Maximum Sentence for a First Degree Felony in Indiana?

In Indiana, a first-degree felony is treated as a Level 1 felony. For crimes committed after June 30, 2014, a Level 1 felony carries a maximum prison sentence of 40 years, with an advisory term of 30 years. Certain Level 1 child molesting offenses under IC 35-31.5-2-72(1) or (2) may result in an even higher maximum of up to 50 years. Judges may also impose harsher penalties at the upper end of the range when aggravating factors are present, such as:

• The use of a weapon during the offense (IC 35-50-2-11 and IC 35-50-2-13)
• The defendant’s prior criminal record
• The extent of harm caused to the victim
• Crimes motivated by bias against the victim’s race, color, creed, disability, national origin, religion, or sexual orientation.

What is First Degree Murder in Indiana?

Indiana does not have first-degree murder as a classification. Instead, it defines the offense simply as murder, setting it apart from the state’s felony level system. This reflects its status as the most serious crime under Indiana law, carrying the harshest penalties. Under Indiana Code § 35-42-1-1, a person murders if they:

• Knowingly or intentionally kill another person, or
• Causes the death of another person while committing or attempting to commit certain felonies.

Sentencing for murder is outlined in IC § 35-50-2-3. A conviction carries a prison term of 45 to 65 years, with an advisory sentence of 55 years. In aggravated cases, the court may impose life imprisonment without parole, or, if the prosecution seeks it and aggravating factors are proven, the death penalty.

By contrast, Indiana’s most serious felony level (Level 1 felony) is punishable by 20 to 40 years in prison, with an advisory sentence of 30 years (or up to 50 years for particular child molesting offenses). This distinction highlights that murder is treated as more severe than any felony level, standing alone at the top of Indiana’s criminal code.

Public Access to First Degree Felony Records in Indiana

Under Indiana’s Access to Public Records Act (APRA), Indiana Code 5-14-3, criminal conviction records are generally open to the public. This means that Level 1 felony records are accessible unless they have been sealed, expunged, or involve juveniles or other sensitive case types. Individuals seeking such records may obtain them through:

The Indiana State Police(ISP)

The ISP offers a Limited Criminal History Search, which provides official records of arrests, charges, and convictions within Indiana. This is a name-based search and requires a fee.

Indiana MyCase (Online Court Portal)

The Indiana judiciary also provides free public access through mycase.in.gov. Searches may be conducted by name, case number, or attorney, and available information may include charges, conviction status, sentencing details, and case history.

County Clerk of Court

To obtain a more detailed view of a case file, individuals may visit or submit a mail request to the Clerk of Circuit Court in the county where the case was prosecuted. The clerk may provide access to the physical case file or copies of specific documents, usually for a fee.

Third-Party Public Record Databases

Case records may also be available through private, third-party websites that compile court documents from across the state. While these platforms may be convenient, they are not official sources and typically require payment for access.

Can First Degree Felony Records Be Sealed or Expunged in Indiana?

In Indiana, the outcome of the case and the seriousness of the offense determine whether the court seals or expunges a first-degree (Level 1) felony record. The state refers to expungement as its 'second chance law,' and through this process, it eliminates access to criminal records. Once the court expunges a record, it either destroys it or treats it as though it never existed for most purposes. By contrast, when the court seals a record, it does not erase it but instead restricts it from public view.

Indiana places strict limits on expungement, and most crimes classified as Level 1 felonies are specifically barred from this relief. Under Indiana Code (IC 35-38-9), the law prohibits expungement for certain first-degree (Level 1) offenses, including:

• Sex or violent offender crimes
• Felonies causing death or serious bodily injury to another person
• Crimes involving official misconduct
• Human trafficking.

However, if a Level 1 felony does not fall within the excluded categories, the court may grant expungement if the individual meets these conditions:

• At least 10 years have passed since the conviction, or 5 years have passed since completing the sentence with prosecutor approval, whichever is later
• The individual has fully completed all terms of the sentence, including prison, parole, probation, restitution, and fines.
• The individual has no pending criminal charges
• The individual has not previously expunged another serious felony.

While Indiana law makes expunging a Level 1 felony extremely difficult, certain rare and specific circumstances may permit a record to be sealed. For example, if the court dismisses the case or vacates the conviction on appeal, the related arrest or charge record may qualify for expungement.

Difference Between First Degree and Second Degree Felonies in Indiana

In Indiana, felonies are classified by numbered levels, with Level 1 representing the most severe crimes and Level 2 ranking just below. The main distinction between these levels lies in the extent of harm caused to victims and the presence of aggravating circumstances. A Level 1 felony is the highest classification short of murder and typically involves extreme violence, serious injury, or a significant risk of death. A conviction carries a prison sentence of 20 to 40 years, with an advisory term of 30 years, and may also include a fine of up to $10,000. Common examples of Level 1 felonies include:

• Attempted murder
• Child molestation
• Aggravated rape
• Burglary resulting in serious bodily injury to the victim.

Level 2 felonies also involve serious harm, but they typically lack the extreme violence or intent associated with Level 1 offenses. A conviction for a Level 2 felony carries a prison sentence of 10 to 30 years, with an advisory term of 17.5 years, and may include fines of up to $10,000. Examples of Level 2 felonies include:

• Voluntary manslaughter
• Kidnapping committed for ransom or during a vehicle hijacking
• Aggravated robbery
• Child sexual trafficking
• Arson that causes serious bodily injury to another person (IC 35-43-1-1).

Statute of Limitations for First Degree Felony Charges in Indiana

The statute of limitations sets the legal deadline for prosecutors to file criminal charges. Its purpose is to ensure fairness by requiring cases to proceed while evidence remains fresh, witnesses’ recollections are reliable, and defendants are not left under indefinite threat of prosecution. In Indiana, a first-degree felony is treated as a Level 1 felony.

Under Indiana Code § 35-41-4-2(c), there is no statute of limitations for Level 1 felonies, allowing prosecutors to file charges at any time, irrespective of the passage of time. Murder also carries no time limit for prosecution. For certain sex crimes against children, the state permits prosecution up until the alleged victim reaches the age of 31.

Probation and Parole Eligibility for First Degree Felonies in Indiana

In Indiana, a person convicted of a Level 1 felony, the equivalent of a first-degree felony, cannot receive probation as a complete substitute for prison due to the gravity of the offense. The law requires a substantial period of incarceration for such serious crimes. Under Indiana Code § 35-38-2-2.5, probation is restricted for offenses involving violence, serious bodily injury, or sexual misconduct.

Individuals convicted of a Level 1 felony in Indiana generally become eligible for parole after serving at least 75% of their sentence, although credits for good behavior or participation in programs may reduce this period. For certain offenses, particularly sex crimes, additional supervision may apply even after release, such as lifetime sex offender registration. The Indiana Parole Board determines parole, taking into account the individual’s criminal history, behavior in prison, and potential threat to the community.

Impact of a First Degree Felony Conviction on Criminal Records in Indiana

A Level 1 felony, the equivalent of a first-degree felony, stands as Indiana’s most serious offense other than murder. Unless the court dismisses or overturns the conviction, the law does not allow it to be sealed or expunged, which leaves the individual with lasting consequences. As a result, the sentence will appear on criminal background checks conducted by employers, landlords, or licensing agencies. Beyond the official penalties, a Level 1 felony places a permanent mark on the individual’s record, limiting their access to jobs, housing, and civil rights, including firearm ownership and immigration opportunities.

According to Indiana Code § 35-50-2-8, a prior Level 1 felony conviction may increase the penalties for future felony offenses. If an individual commits another felony after such a conviction, the court may classify them as a habitual felony offender, which may lead to a substantially longer sentence for the new crime.