By definition, an Indiana misdemeanor is a criminal offense that is punishable by less than one year of incarceration. Misdemeanors are generally minor offenses and may involve crimes against property or the general public, as well as some crimes against persons that involve only minimal injury.
Many are victimless crimes, such as public intoxication or simple possession of a controlled substance. When you are convicted of a misdemeanor, you may be sentenced to time in county jail. This is different from a felony, where you could be sent to state prison. In addition, misdemeanors are associated with maximum sentences, such as up to one year in county jail, and not sentencing ranges like felonies. Oftentimes, these misdemeanor convictions can be expunged from your permanent record, and contacting our Indianapolis attorneys early could help make this more likely.
What Are Misdemeanor Penalties in Indiana?
Crimes as a whole are divided into misdemeanors and felonies in Indiana. Indiana’s misdemeanors are further broken down into classes, Class A through C.
- Class A: Up to one year in county jail and up to $5,000 in fines
- Class B: Up to 180 days in jail and up to $1,000 in fines
- Class C: Up to 60 days in jail and up to $500 in fines
Oftentimes, judges impose much shorter sentences than the maximum or may impose an alternative sentence such as probation. In addition, Indiana prosecutors are more likely to permit defendants to participate in diversion for some misdemeanors. Diversion is a special program run by the prosecutor’s office to withhold criminal prosecution. If you successfully complete the terms of the program, you will receive special benefits such as a dismissal of the case. Contact our Indianapolis misdemeanor attorneys to learn more about how we can help you mitigate your consequences.
Penalties for Public Intoxication in Indiana
Title 7.1 of the Indiana Code criminalizes intoxication in a public location, such as a public park if the accused is:
- Disturbing the peace
- Alarming, annoying, or harassing another
- Endangering his own or another’s life
Public intoxication may be caused by drugs or alcohol. It is often charged alongside disorderly conduct. The public intoxication law is not designed to allow Indiana officers to stop and arrest every person they suspect is walking around a public place while intoxicated. Rather, the law is meant to prevent people from breaching the peace in any manner. Public intoxication is a Class B misdemeanor that our Indianapolis attorneys could defend to help you lessen your consequences.
Penalties for Disorderly Conduct in Indiana
Disorderly conduct is also an Indiana offense that criminalizes disturbing the peace. Disturbing the peace includes:
- Mutual fights in a public place, such as on the street or in front of a bar, that are likely to either cause harm to a person or property,
- Unreasonably loud noises, such as music or yelling when asked to stop, or
- Disrupting a gathering or group.
To be criminally liable for disorderly conduct, you must act either knowingly, recklessly, or intentionally. Disorderly conduct is a Class B misdemeanor, though it can be bumped up to a felony if the disturbance occurs at an airport or near a funeral.
Penalties for Trespassing in Indiana
Trespassing can occur anywhere—on public or private property—that you have no legal right to be on, and you know you are not wanted there, or if you refuse to leave the property when told to do so by the property owner. For example, Indiana trespass can be charged when:
- You are not the renter or owner of an apartment and were told you did not have permission to enter, yet you entered anyway
- You were drinking at a bar and refused to leave after being told by the owner to leave
- Your friend decides to go for a joy ride in a stranger’s car and picks you up
- You camp on someone else’s land
- You go inside your neighbor’s home without their permission to look around
- You go to the train yard and secretly hitch a ride on a train
Trespass is a Class A misdemeanor, though it can be bumped up to a felony if it is at a certain location, like a school, or if you already have a trespass conviction for the same property. For additional information regarding the intricacies of trespassing, speak with an Indianapolis misdemeanor attorney at Eskew Law.
