Misdemeanor vs. Felony in Indiana

When someone is charged with a crime in Indiana, one of the first questions they ask is: “Is this a misdemeanor or a felony?” The distinction is critical because it affects potential penalties, criminal records, court procedures, and the strategies a criminal defense attorney or criminal defense lawyer will use. Understanding the difference helps individuals make informed decisions about their defense and long-term consequences.

This article explains the differences between misdemeanors and felonies, the types of charges within each category, and how a criminal defense attorney approaches them.

A misdemeanor is a criminal offense considered less serious than a felony. In Indiana, misdemeanors are categorized by classes, from Class A (most serious) to Class C (least serious). Each class has different penalties:

• Class A misdemeanor: Up to 1 year in county jail and up to $5,000 in fines
• Class B misdemeanor: Up to 180 days in county jail and up to $1,000 in fines
• Class C misdemeanor: Up to 60 days in county jail and up to $500 in fines
   

Common examples of misdemeanors include:

• Simple battery (non-aggravated)
• Theft under $750
• Public intoxication 
• Disorderly conduct
• Minor drug possession
• Traffic-related offenses with criminal consequences
   

Even though misdemeanors are considered less severe, they can still have long-term consequences. A conviction may affect:

• Employment opportunities
• Housing applications
• Professional licensing
• Immigration status
   

A criminal defense lawyer often works to reduce misdemeanor charges, seek diversion programs, or minimize jail time.

A felony is a more serious crime, typically punishable by imprisonment for more than one year, usually in a state prison. Indiana classifies felonies by levels:

• Level 1 felony:  20–40 years in prison
• Level 2 felony:  10–30 years in prison
• Level 3 felony:  3–16 years in prison
• Level 4 felony:  2–12 years in prison 
• Level 5 felony: 1–6 years in prison
• Level 6 felony: 6 months to 2.5 years in prison
   

Felony convictions have significant long-term consequences, such as:

• Permanent criminal record
• Loss of voting rights (until restored)
• Loss of gun ownership privileges
• Difficulty obtaining employment or professional licenses
• Potential deportation for non-citizens
   

A criminal defense attorney often approaches felonies with careful investigation, negotiation, and pre-trial strategy because the stakes are extremely high.

• Misdemeanors may allow for probation, community service, or diversion programs.
• Felonies often require more aggressive negotiation or trial preparation to avoid long-term incarceration.
   

• Felony cases typically involve more extensive investigation, such as forensic evidence, witness interviews, and search warrants.
   
• Misdemeanor cases may rely more on police reports, testimony, or limited physical evidence.
   

• Judges consider felony charges more seriously when setting bond.
• A criminal defense lawyer can argue for reasonable bail based on ties to the community and lack of risk.
   

• Misdemeanor charges often resolve more quickly with plea deals or deferred sentences.
• Felony charges require careful negotiation to reduce charges, minimize sentences, or avoid a conviction entirely.
  
   

A prior record significantly affects both misdemeanors and felonies:

• Repeat misdemeanor convictions may escalate penalties. 
• Prior felonies can increase sentencing ranges and influence bail decisions.
• A criminal defense lawyer will review prior convictions to mitigate their impact on the current case.
   

Even minor misdemeanors may appear on background checks and affect employment, housing, or professional licenses.
Felonies carry even greater long-term implications:

• Immigration consequences for non-citizens
• Loss of gun rights
• Difficulty in obtaining student loans or grants
• Potential social stigma
   

A criminal defense lawyer’s job is not only to protect immediate liberty but also to minimize long-term consequences.

Many people believe misdemeanors do not require legal counsel because the stakes seem low. In reality:

• A misdemeanor conviction can become permanent on your record.
• Judges may impose fines, probation, or jail sentences.
   

Felonies carry life-altering consequences and are prosecuted aggressively. Early and skilled intervention by a criminal defense lawyer increases the likelihood of:

• Reduced charges
• Deferred or alternative sentencing 
• Dismissal or suppression of evidence
• Avoidance of incarceration
   

In both cases, professional legal guidance ensures the best possible outcome under Indiana law.

Understanding the difference between misdemeanors and felonies is critical in any Indiana criminal case. Misdemeanors may seem minor, but they can still have significant consequences. Felonies carry even higher stakes, both in terms of incarceration and long-term life impacts. A skilled criminal defense attorney or criminal defense lawyer will evaluate the charges, the evidence, and the client’s history to craft a strategic defense. Early involvement in the case improves outcomes, protects constitutional rights, and can prevent unnecessary long-term consequences in both misdemeanor and felony cases.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.