What Are the Penalties for a Misdemeanor in Indiana?
Misdemeanor penalties in Indiana range from a Class C misdemeanor (up to 60 days in jail, $500 fine) to a Class A misdemeanor (up to one year in jail, $5,000 fine), all with the possibility of up to one year of probation for any time not spent in jail. The class depends on the specific offense — for example, theft under $750 and OWI with endangerment are Class A, while public intoxication and simple marijuana possession are typically Class B.
Although misdemeanors are considered less serious offenses than felonies, a conviction could still result in severe consequences. If you’re facing criminal allegations, it’s imperative to have a skilled attorney on your side to protect your rights and freedoms.
At Keffer Hirschauer LLP, our lawyers have extensive experience within the criminal justice system, and our founding attorneys have served as deputy prosecutors. When you work with us, we will leverage our knowledge of both sides of the courtroom to fight charges and work toward a favorable outcome on your behalf.
Retain a team dedicated to providing superior legal service by calling us at (317) 857-0160.
What Are the Three Classes of Misdemeanors in Indiana, and Their Penalties?
In Indiana, there are three classes of misdemeanors:
- Class A: This level of misdemeanor are the most serious offenses, and includes theft of property valued at less than $750, prostitution or patronizing a prostitute, operating a vehicle while intoxicated with endangerment (also known as an OVWI, OWI, or DUI), and criminal trespass. The punishments for being found guilty of a Class A Misdemeanor include:
- Up to 1 year in jail
- Up to $5,000 in fines
- Possible probation for up to 1 year for any time not spent in jail
- Class B: This level of misdemeanor includes possession of marijuana, hazing, public intoxication, and disorderly conduct in Indiana. The punishments for being found guilty of a Class B Misdemeanor include:
- Up to 180 days in jail
- Up to $1,000 in fines
- Possible probation for up to 1 year for any time not spent in jail
- Class C: This level of misdemeanor includes public indecency, operating a vehicle while intoxicated (also known as an OVWI, OWI, or DUI), and possession of drug paraphernalia. The punishments for being found guilty of a Class C Misdemeanor include:
- Up to 60 days in jail
- Up to $500 in fines
- Possible probation for up to 1 year for any time not spent in jail
Why Do You Need a Lawyer for a Misdemeanor Charge in Indiana?
Being arrested for and charged with an offense could be a frightening experience; the process may be unfamiliar and the outcome unknown. Our Indianapolis misdemeanor defense attorneys will be at your side every step of the way, guiding you through the complexities of your case and the legal system. We will work closely with you to develop an innovative strategy for your unique circumstances and will seek to get charges reduced or dropped.
Frequently Asked Question
The maximum penalty for a criminal misdemeanor in Indiana depends on the class: Class A misdemeanors carry up to 1 year in jail and a $5,000 fine, while Class B and Class C misdemeanors carry lower penalties under Indiana Code 35-50-3. Judges may also impose probation or suspend part of the sentence depending on the circumstances.
Yes—misdemeanor charges can be dismissed or reduced through negotiation, lack of evidence, diversion programs, or plea agreements. Courts often consider factors such as first-time status, cooperation, and the strength of the prosecution’s case.
A misdemeanor conviction will typically appear on employment background checks unless it has been expunged. This can impact job opportunities, especially in fields requiring professional licensing, security clearances, or trust-based positions.
While you are not legally required to hire an attorney for a misdemeanor case, having counsel is highly beneficial because even minor convictions carry long-term consequences. An Indiana misdemeanor defense lawyer can negotiate reductions, challenge evidence, and protect your record.
Yes—most misdemeanors in Indiana can be expunged after a waiting period of five years under Indiana Code 35-38-9-2, assuming all eligibility requirements are met. A misdemeanor defense lawyer in Indiana can help determine the correct timeline and prepare the petition for petty crime expungement.