What is a Second Degree Felony in Indiana?

Indiana Code chapter 35-50-2 defines felony as any crime with a jail sentence above one year and broadly categorizes them into six levels. Each of these levels are assigned punishments according to the severity of the crimes in the category, with level 1 being the most severe and level 6 the least severe.

In most states, the term “second degree” is used to classify felonies that are a bit less serious than first degree felonies(murder, rape, human trafficking, battery) but more severe than misdemeanors (theft, credit card fraud, stalking). Indiana laws, however, do not capture the term “second degree” in their statutes. Nonetheless, the types of crimes that may be considered to be second degree felonies in Indiana are felonies that are within class 1 to 5 under the State's felony classification system.

Which Crimes Are Considered Second Degree Felonies in Indiana?

The Indiana Code does not categorically outline second degree felonies or crimes. Crimes in Indiana are generally classified as felonies (six levels) or misdemeanors (four classes). However, some crimes that may be considered to be in the class of second degree felonies in Indiana include aggravated rape, home invasion, burglary, kidnapping, treason, arson, child sex trafficking, manslaughter, unlawful firearm possession, sexual assault, robbery, narcotics manufacturing/dealing and aggravated battery.

What is Second Degree Murder and How is it Classified in Indiana?

Indiana laws provide only one statute for murder and does not differentiate it into degrees. Indiana Code § 35-42-1-1 defines murder as ending another person’s life intentionally or knowingly. It entails:

• Killing someone in the course of committing other crimes such as burglary, arson, carjacking, kidnapping, robbery or rape
• Killing a person while manufacturing or dealing narcotics/drugs
• Terminating a fetus irrespective of the stage of development.

Murder charges in Indiana are considered so serious that they are not classified under any of the felony levels but stand alone. Murder charges usually attract a minimum jail time of not less than 45 years and a fine of $10,000.

However, some other States unlike Indiana differentiate between first-degree and second degree murder based on the presence of absence of premeditation and deliberate planning. This means that a first-degree murder is one that involves careful planning and laying in waiting to cause death to the victim.

Second degree murder, on the other hand, is one where the defendant causes the death of the victim intentionally in the heat of the moment but without premeditation or prior intention to kill. In most states also, second degree murder is usually classified differently from manslaughter which involves the killing of another person due to recklessness or accidents.

Indiana Second Degree Felonies Penalties and Punishments

The punishments for second degree felonies generally include jail time, fine payments, mandatory parole periods, and other diversion/pretrial programs. In Indiana, the punishment or penalty attached to felonies is dependent on the level it falls into (IC 35-50-2-3 through IC 35-50-2-7). For instance Level 1 felonies are punishable by a jail time between twenty to forty years with a fine of not more than $10,000 while Level 4 felonies attract a jail time ranging from two to twelve years and fine payment not less than $10,000.

In addition to the level a felony belongs to, other factors like prior convictions, presence of violence and involvement of minors may influence the punishments for a committed felony. Habitual offenders according to IC 35-50-2-8 are entitled to additional jail time ranging between six to twenty years (for levels 1 to 4) or two to six years (level 4 and 5 felonies). The use of a deadly weapon or the presence of violence in a felony crime could also enhance the punishments meted out to the offender under State laws. Also, felony crimes against children or involving other sexual crimes usually attract stricter and harsher sentences in Indiana.

The punishments and penalties prescribed by statute for second degree felonies in Indiana are not fixed. They vary based on the specific peculiarities of the case and the court’s discretion.

Are Second Degree Felony Records Public in Indiana?

Yes. According to Indiana’s Public Records Act (Indiana Code § 5-14-3.5.1), interested persons may review records maintained by law enforcement agencies including those related to second degree felonies in Indiana. However, there are exceptions and restraints attached to the public access of these records.

IC 5-14-3-5.2 outlines some of the exceptions and exemptions to the right of public access to these records. Such exempted records include:

• Records that pose significant risk to public safety or an individual
• Records that may tamper with investigation and fair trial
• Records of juveniles or minors
• Records that may reveal personal information about an enforcement officer, victims or confidential witnesses
• Records related to sexual assaults or domestic violence
• Records sealed by court order or other laws

How to Access Second Degree Felony Court Records in Indiana

To access second degree felony court records in Indiana, the first point of call would be the clerk's office in the court where the case was filed or heard. These clerk offices usually allow in-person visits during regular hours or mail requests sent appropriately. Most courthouses and clerk's offices also provide public access terminals in their physical location for online access to records in their custody. The processes and requirements for accessing public records may vary across the different courts and counties. Inquirers may need to contact the specific courthouse and county for information on how to make public records requests.

Alternatively, statewide non-confidential court records are publicly available online via the Odyssey case management system (MyCase). On this portal, one can search for court records by case, name or attorney. It is important to note that not all courts use the Odyssey case management system and that the information contained may not go as far back as desired. Furthermore, records considered confidential under the Rules on Access to Court Records are not publicly available on the MyCase portal.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Indiana laws allow for the reduction or dismissal of second degree felony charges under certain circumstances. One of the conditions under which a felony charge may be reduced or dismissed in Indiana is by entering a plea agreement with the prosecuting officer. Indiana Code (IC) 35-35-3-1 contains the statutory requirements and implications of entering a plea agreement in Indiana.

A plea agreement is a bargain between the defendant and the prosecutor where the defendant agrees to plead guilty to a crime in exchange for a lower or less severe sentence. A plea agreement, however, must be approved by a judge and ultimately strips the defendant of certain statutory rights and post conviction reliefs. This process requires a lot of legal experience hence a defendant may need to seek legal assistance before accepting or negotiating a plea deal.

Furthermore, under Indiana Code § 35-38-1-7.1 certain felonies may qualify for a reduced sentence or dismissal if the following conditions are met:

• The felony did not result in any significant harm
• The victim was involved in the circumstances leading to the offense
• The offender has shown good behavior and the possibility of not repeating the offense
• The offender is willing to make restitutions and fulfill all obligations prescribed by the court
• The offense occurred as a result of strong provocation
• The offense was committed due to strong provocation by the victim or other factors.

A defendant's attorney may also file a motion to dismiss or reduce a felony charge where there is weak or incoherent evidence, wrongful arrest, violation of constitutional rights, errors committed in the process of prosecution and other strong legal reasons. However, the decision to reduce or dismiss a felony charge is ultimately within the jurisdiction of the deciding court.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Indiana?

It depends. Indiana laws allow the expungement of felony charges provided the following requirements are met:

• There is no pending charge
• All fines and obligations have been satisfied
• The offender has not been convicted of any other crime within the stipulated waiting period
• The stipulated waiting period for the crime has elapsed
• The offense is not a sex crime, homicide,or trafficking
• The offense did not result in significant bodily harm to the victim.

Under IC–35–38–9, the waiting period for expunging felonies is eight years for non-violent offenses and ten years for violent offenses. Expungements in Indiana are not mandatory; a court may decide to reject or grant a petition after considering the application and case factors. To apply for an expungement, eligible residents of Indiana may file a petition with a county court of jurisdiction and pay the required fees. After filing the petition, the court reviews the application and enters a judgement within 180 days. The expungement process is legally complex and requires a lot of expertise hence it is advisable to hire a legal professional to guide and oversee the process.

How Long Do Second Degree Felony Records Stay Public in Indiana?

Permanently. Indiana criminal records including arrest and felony records will typically appear on a person's records forever unless they are expunged or sealed by law. These records will continue to be publicly available for as long as it takes to expunge or seal them. Moreover, certain entities such as law enforcement agencies, the Supreme Court and defense attorneys may still be able to access expunged felony records under Indiana laws.