Arrested or Facing Charges in Indiana? Here’s What You Need to Know

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Posted: 8th September 2025

Lawyer Monthly

Arrested or Facing Charges in Indiana? Here’s What You Need to Know

Introduction

Getting arrested in Indiana or seeing a loved one go through it, can be a disorienting experience.

The process often brings up many questions and concerns about what will happen next, from potential jail time to the impact on your family.

This article is designed to provide you with a clear, straightforward overview of the legal process in Indiana, from common charges to the options available to you, helping you understand how to protect your future.

Common Criminal Charges in Indiana

Every state has its own set of common charges, and in Indiana, the ones people most frequently encounter include:

Operating While Intoxicated (OWI/DUI): Driving with a blood alcohol content (BAC) of 0.08% or higher. Penalties increase if someone is injured.
Drug Possession: From marijuana to controlled substances like meth or heroin. Amount and type matter for how severe the charge becomes.
Battery and Domestic Violence: Any unwanted physical contact that causes injury or distress.
Theft and Burglary: Taking someone else’s property, whether shoplifting or breaking into a home.
Probation Violations: Missing check-ins, failing drug tests, or new arrests while on probation.

Misdemeanor vs. Felony: What It Means in Indiana

In Indiana, crimes fall into two broad categories:

Misdemeanors: These are less serious crimes.
- Class A: Up to 1 year in jail and $5,000 fine.
- Class B: Up to 180 days in jail and $1,000 fine.
- Class C: Up to 60 days in jail and $500 fine.
Felonies: Far more serious, with prison time instead of just jail.
- Level 1 Felony: 20–40 years in prison.
- Level 2 Felony: 10–30 years.
- Level 3 Felony: 3–16 years.
- Level 4 Felony: 2–12 years.
- Level 5 Felony: 1–6 years.
- Level 6 Felony: 6 months–2.5 years (sometimes treated like a misdemeanor).

What Happens After an Arrest in Indiana

The process usually unfolds in several steps:

Booking: Fingerprints, mugshot, paperwork.
Bail Hearing: A judge decides whether you can be released while waiting for trial.
Arraignment: You’re formally told what charges you face and asked to enter a plea.
Trial or Plea Bargain: You can fight the charges at trial or negotiate for reduced penalties.
Sentencing: If convicted, the judge hands down your punishment.

Do You Really Need a Lawyer?

While you can go through the process without one, having a lawyer can make a huge difference. They can challenge evidence, negotiate better plea deals, or even get charges dismissed.

To protect your rights, consider talking to a criminal defense lawyer. If you cannot afford an attorney, you can find information on how to get a public defender from the official Indiana courts website.

Public Defenders in Indiana: What You Should Know

If you cannot afford an attorney, you can request a public defender. These lawyers are dedicated and knowledgeable, but they often carry heavy caseloads, which means less time to focus on your individual situation.

What Penalties Could You Face?

Here’s a quick overview of potential penalties in Indiana:

Misdemeanors: Fines from $500–$5,000, jail from 60 days to 1 year.
Felonies: Prison from 6 months to 40 years, depending on the level.
Other Consequences: License suspension, probation, mandatory treatment programs, or a permanent criminal record.

Can You Get a Criminal Record Expunged in Indiana?

Yes, Indiana has one of the more generous expungement laws in the country. Non-violent misdemeanors may be eligible for expungement after 5 years, while many felonies may be eligible after 8 years.

Certain serious crimes like sex offenses or violent crimes cannot be cleared.

Learn more about expungement eligibility from this detailed guide from the Indiana Judicial Branch.

First-Time Offenders: Is There Leniency in Indiana?

If this is your first offense, you may have options like:

Pretrial Diversion Programs: Complete classes, pay restitution, and charges may be dismissed.
Conditional Discharge: For some drug offenses, completing treatment can prevent a conviction.
Probation instead of Jail: Judges often look at your history when deciding.