What Is Considered a Class D Felony in Indiana?

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According to the law office of Ross G. Thomas, Class D felonies in Indiana cover crimes such as possession of more than 30 grams of marijuana or operating a vehicle while intoxicated (OWI). Theft and criminal confinement also fall under this classification. Class D felonies are the lowest level of misdemeanor offense.

Thomas also notes that the average jail time given for conviction under Class D ranges from 6 months up to 3 years. Fines levied upon conviction are up to ten thousand dollars. People with prior convictions risk being charged with Class D felonies. For example, a person being charged with their second OWI offense within 5 years will be bumped up from a Class A misdemeanor to a Class D felony. Likewise, for a drug possession charge.

In 2013, the Indiana Second Chance law, that reduces penalties for some Class D felony convictions went into effect, as noted by the official website of Indianapolis and Marion County. Under this law, the court has the discretion to reduce a felony to a misdemeanor after a number of years. People who have been convicted of non-violent crimes and have kept out of trouble can apply 8 years after their sentence is complete. People convicted of sex or violent crimes are required to wait 10 years after they complete their sentence. Speeding up the petitioning process requires the written consent of a prosecuting attorney.