Indiana Code 35-50-2-5(b) is the specific Indiana Code that refers to a Level 3 Felony offense in Indiana. In 2014, a Level 3 Felony could either be a Class B or a Class C Felony. Because this is considered a Major Felony, there is a $20,000 surety bond with this crime.
Level 3 Felony Sentence and Fine
Level 3 Felony: A Level 3 felony carries a penalty upon conviction of a fixed term between three (3) and sixteen (16) years in prison and a fine of up to $10,000.00. However, under Indiana sentencing guidelines, the court has some bit of latitude allowing a judge to sentence:
- Work Release
- Home Detention
With a Level 3 conviction, only the time above 3 years is suspendable. if the person has any prior felony convictions that are otherwise unrelated. However, there are certain Level 3 felonies concerning controlled substances can still be a fully suspended sentence. A Level 3 Felony offense in Indiana has an advisory sentence of 9 years.
The State of Indiana Code states that an “advisory sentence” is a guidelines sentence that the court may take into consideration when levying a sentence. IC 35-50-2-1.3. An advisory sentence means that the court does not have to follow the advisory sentence except in certain circumstances. However, in practice, it generally functions as a starting point for sentencing. The judge can after that sentence a defendant to basically time depending on intensifying or reducing circumstances.
Examples of a Level 3 Felony
Examples of a Level 3 Felony are some of the most serious levels of crimes. Some of the crimes that would fall under a Level 3 Felony include:
- Child Molestation
- Aggravated Battery
- Armed Robbery
- Dealing in smaller amounts of:
- Schedule I Controlled Substances
- Schedule II Controlled Substances
Generally speaking, if the crime involves a deadly weapon, or if the crime results in a bodily injury to any person involved in the crime other than the defendant, the crime is a Level 3 Felony at a minimum.