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  5. Misdemeanors vs. Felonies in Indiana: A Comprehensive Breakdown by Our Expert Attorneys

Misdemeanors vs. Felonies in Indiana: A Comprehensive Breakdown by Our Expert Attorneys

On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

Understanding the legal landscape, especially concerning criminal charges, is crucial for anyone facing the Judicial System or simply wanting to be informed. In Indiana, as in many states, criminal offenses are categorized primarily into misdemeanors and felonies. Our experienced attorneys are here to delineate the key distinctions between these two categories, offering a clearer lens through which Indiana residents can view their legal situations.

1. Definition:

Misdemeanors:These are lesser criminal acts, deemed less severe in nature than felonies. Examples might include minor thefts, certain traffic offenses, or minor drug possession.

Felonies: Felonies represent more severe crimes that often involve significant harm or threat to individuals or property. This category encompasses crimes such as murder, rape, domestic violence, or major drug trafficking.

 

2. Classification & Penalties:

Misdemeanors in Indiana:

  • Class A Misdemeanor: The most serious misdemeanor carries penalties of up to one year in jail and fines up to $5,000. Examples include OWI with a prior conviction and theft of property valued between $750 and $50,000.
  • Class B Misdemeanor: Carries up to 180 days in jail and fines up to $1,000. Public intoxication and possession of marijuana (for first-time offenders) often fall under this category.
  • Class C Misdemeanor: The least severe, these can result in up to 60 days in jail and fines up to $500. An example is a minor instance of disorderly conduct.

Felonies in Indiana:

  • Indiana classifies felonies from Level 1 (most severe) to Level 6 (least severe). Penalties range from six months for some Level 6 felonies to up to 40 years for certain Level 1 felonies. The nature of the crime and the circumstances surrounding it play a significant role in determining the level and subsequent penalties.

 

3.Record Expungement:

Misdemeanors: In Indiana, those with misdemeanor convictions can often petition for expungement, effectively sealing their criminal records, usually after a five-year waiting period from the date of conviction.

Felonies: Felony expungement is more complex and depends on the level of felony. While some felonies can be expunged, serious violent crimes, like murder or sex crimes, are typically ineligible.

 

4. Long-Term Implications:

While both misdemeanors and felonies carry their respective legal penalties, felonies often have more profound long-term implications. Felony convictions can hinder employment opportunities, housing applications, and even certain civic rights, such as voting or gun ownership.

 

How Our Firm Approaches Misdemeanors and Felonies:

  • Personalized Counsel: We understand that every case is unique. Our attorneys dive deep into the specifics of each situation, ensuring that our clients are represented with a strategy tailored to their circumstances.
  • Vigorous Defense: Regardless of whether our client faces a misdemeanor or felony, we offer a rigorous defense, advocating fiercely for their rights and interests.
  • Navigating Expungement: We guide eligible clients through the expungement process, helping them move past their convictions and rebuild their lives.
  •  

    Misdemeanors and felonies, while both criminal charges, differ significantly in severity, penalties, and long-term consequences. For Indiana residents, understanding these differences is paramount when facing potential charges. Our firm remains steadfast in its commitment to offer clarity, robust representation, and hope to all our clients, no matter the nature of their charges.

    If you find yourself facing criminal charges, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys handle many types of criminal law cases throughout the State of Indiana and understand the significance of same. This blog post is written by members of the Dixon & Moseley, P.C. team and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

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    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

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    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

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    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    Recent Posts

    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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