What Is a Level 3 (Third-Degree) Felony in Indiana?

A third-degree felony equivalent in the State of Indiana is a Level 3 felony. These are typically mid-range felony offenses as defined by the state’s criminal code. Indiana does not categorize felonies by degree as a general term. Instead, it divides felony offenses into six levels, with level 6 offenses being the least severe and level 1 felonies being the most serious. Level 3 felonies are not the most serious, but they still incur significant penalties, including jail time and substantial fines.

Indiana Code sets the penalty of Level 3 as 3 to 16 years in prison, with an advisory sentence of 9 years (IC 35-50-2-5 (b)). Sentences may also include fines of up to $10,000. The whole sentence will typically be determined by factors such as the nature of the offense, any aggravating factors, and the offender’s criminal history. The courts usually have discretion to consider the details of the case and impose harsher or lighter penalties on offenders.

Consequently, a conviction for a Level 3 felony may mean a lengthy prison sentence and a heavy fine, which may have lasting effects such as a permanent criminal record and restricted civil rights.

Common Offenses That Fall Under Level 3 Felony Charges

Level 3 felonies in Indiana include some of the mid-range felonies, which are just below the most severe offenses in the state. Although level 3 felonies include non-violent property offenses, they also include violent crimes and repeat offenses. Although punishment will be determined on a case-by-case basis, Level 3 convictions also carry lasting consequences beyond legal punishments, such as prison time. Comprehensive details about these types of crimes can be found in Indiana Criminal Records.

Some examples of offenses considered Level 3 felonies in Indiana include the following:

• Armed robbery: The use of a weapon to threaten victims during a robbery will escalate it to a Level 3 felony, even though no one is actually hurt.
• Aggravated Battery: These are cases of violence that ended with severe injury to the victim, such as disfigurement.
• Dealing in Controlled/Illegal Substances: selling or delivering a certain quantity of illegal drugs. This may qualify as a level 3 felony if the offense was committed near schools or involved selling to minors.
• Criminal Confinement: this is forcefully holding or restraining another person against their will using violence or the threat of violence.
• Burglary: this offense may be prosecuted as a Level 3 felony if it results in bodily injuries to another person apart from the offender.

Penalties and Sentencing for Level 3 Felonies in Indiana

According to Indiana law, a Level 3 felony has a penalty of 3 to 6 years imprisonment and an advisory sentence of 9 years. Advisory sentences are considered the recommended guideline for judges to consider as a baseline when sentencing. Level 3 sentences may also include fines of up to $10,000.

However, not all cases will receive the same sentences; the exact penalty for an offense will depend on various factors of a case, including the following:

• The offender's past criminal history. First-time offenders may receive lighter punishments than repeaters.
• The type and severity of the offense. Offenses involving weapons and vulnerable victims, like minors or the elderly, may be treated more harshly.
• Aggravating factors like violence or mitigating factors like cooperation with law enforcement may affect how the offender is sentenced.

Judges in Indiana may also consider specific sentencing alternatives, including probation, work release, and community corrections. These programs may be considered in cases where the offense was a first-time or non-violent offense and may result in a reduction of actual jail time.

The table shows a simple overview of sentencing for several Level 3 felonies.

Will You Go to Jail for a Level 3 Felony in Indiana?

Yes, offenders can receive serious jail time for level 3 felonies in Indiana. Level 3 felony (third-degree) felony jail time may range from 3 to 16 years in prison, depending on the seriousness of the offense, aggravating factors, and the offender’s criminal record. Judges typically impose a 9-year advisory sentence, although they may go higher or lower within the range based on the case details.

However, some level 3 offenders may qualify for probation depending on the circumstances of the case. Non-violent first-time offenders may be considered for probation or suspended sentences, which allow defendants to spend all or part of their sentence under supervision within the community rather than jail.

How Long Does a Level 3 Felony Stay on Your Record?

Unless a level 3 felony offense is dismissed or later expunged, the record will remain permanently on the offender's criminal record. A level 3 felony in Indiana is a serious offense, and a conviction for such an offense may have long-term consequences that affect life even after sentences are complete.

As felony records are public records, they are accessible during background checks and court record searches by the general public, including prospective landlords, employers, and licensing companies. This makes the consequences of a conviction extend past legal penalties; the offender’s reputation, civil rights, and finances may also be affected. A felony conviction may lead to difficulty obtaining jobs, housing, and professional opportunities. The offender may also lose certain civil rights, such as the right to own firearms and specific professional licenses.

However, offenders who have completed their whole sentences may be able to petition for a level 3 felony record to be expunged after a waiting period, if they meet the appropriate criteria. This particularly applies to non-violent offenders who have remained in good behavior.

Can a Level 3 Felony Be Sealed or Expunged in Indiana?

Indiana allows offenders to expunge certain Level 3 felonies. Still, the criteria are quite strict and depend on the offender meeting several criteria, including the type of offense and the offender’s criminal record. Generally, offenses where there was no conviction, such as acquittals, are a lot easier to expunge than a Level 3 conviction.

If there was no conviction and the case was dismissed, not prosecuted at all, or the defendant was acquitted after a trial, the offense can usually be expunged immediately. On the other hand, if the defendant was convicted, expungement, although not impossible, is much more complicated.

The defendant must meet specific strict criteria, including:

• All parts of the sentence, including prison time, probation, and restitution, must have been completed in full.
• The offender must have no new criminal charges, convictions, or pending cases since completing the sentence.
• The offender must complete a waiting period of a minimum of 8 years from the date of their conviction or 3 years from completion of the sentence, whichever is later.

In Indiana, certain serious offenses, such as sexually-based, violent, or crimes against minors, are barred from expungement.

How Level 3 Felonies Compare to Level 1 (First) and Level 2 (Second-Degree) Felonies

Indiana’s legal system shows the difference in severity of felonies by separating them into six levels. First and second-level felonies are the most serious offenses and carry the most severe penalties. They are typically serious offenses, which are violent and rank just after murder, which is treated separately with its own sentencing guidelines.

Level 1 felonies are comparable to first-degree offenses and are the most serious offenses after murder. They are mostly violent and typically have the intent to cause serious harm with extreme violence. Examples of this level include attempted murder and rape with serious injuries. These offenses carry a penalty of 20 to 40 years imprisonment with fines up to $10,000.

Level 2 felonies are equivalent to second-degree offenses. They also involve violence, are very serious, and only slightly less severe than level one offenses. Large-scale drug dealing, voluntary manslaughter, and kidnapping for ransom are examples of level 2 felonies. Sentencing for level 2 felonies ranges from 10 to 30 years imprisonment, with an advisory sentence of 17.5 years in prison, and fines up to $10,000.

How to Look Up Level 3 Felony Records in Indiana

To look up level 3 felony records for Indiana, record seekers may use reliable options provided by state agencies. Felony records in Indiana can be obtained from the Indiana Judiciary, the State Police, and locally from the Clerk of the Circuit Court, where the case was initially heard. These options provide records from most Indiana Counties, but sealed, expunged, juvenile records, and other restricted information may not appear in search results.

A quick option to start with is the Indiana MyCase Portal operated by the Indiana Judiciary. Instructions for using the online database are available on the Indiana Judiciary website. Users can make free searches using criteria such as case number, party name, and attorney name.

Felony records may be requested in person or by mailed requests to the Clerk of Courts for the County where the case was heard. While viewing records in person may be free, physical or certified copies may cost a copy fee charged by the clerk’s office.

The Indiana State Police provides access to felony records through its Limited Criminal History Search. Record seekers are required to subscribe to the online service by filling out the forms and mailing them to the given address. After subscribing, they will be able to use the online search tool to look up and print out criminal histories for a search fee of $15 per search.

Indiana Felony records may also be available from third-party record request sites. These websites offer a subscription-based service for convenient record searches across jurisdictions.

Probation and Parole for Level 3 Felony Offenders

A person convicted of a level 3 felony in Indiana may still qualify for probation or parole. These decisions will typically depend on the type of crimes committed, aggravating or mitigating factors, and the offender’s prior criminal history. The courts are given some discretion when dealing with level 3 felonies, even though they are still considered quite serious.

Probation allows an offender to serve part or all of their sentence in the community under strict supervision, rather than in jail. In particular, non-violent offenses, such as financial crimes and first-time offenders, may be given probation as part of their sentence. Conditions imposed during the probation period may include drug testing, mandatory counseling, community service, and electronic monitoring.

For offenders sentenced to prison, they may become eligible for parole after serving a significant portion of their sentence. In Indiana, this usually means serving at least 75% of their official sentence before they can be considered for parole. The Indiana Parole Board grants parole after reviewing the offender's criminal history, their rehabilitation progress, and conduct in prison.