Sec. 4. (a) A person who commits a Class A felony
(for a crime committed before July 1, 2014) shall be imprisoned for a
fixed term of between twenty (20) and fifty (50) years, with the
advisory sentence being thirty (30) years. In addition, the person may
be fined not more than ten thousand dollars ($10,000).
(b) Except as provided in subsection (c), a person who commits a
Level 1 felony (for a crime committed after June 30, 2014) shall be
imprisoned for a fixed term of between twenty (20) and forty (40)
years, with the advisory sentence being thirty (30) years. In addition,
the person may be fined not more than ten thousand dollars ($10,000).
(c) A person who commits a Level 1 felony child molesting offense
described in:
(1) IC 35-42-4-3(a)(1); or
(2) IC 35-42-4-3(a)(3);
shall be imprisoned for a fixed term of between twenty (20) and fifty
(50) years, with the advisory sentence being thirty (30) years. In
addition, the person may be fined not more than ten thousand dollars
($10,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.117; P.L.164-1994, SEC.3; P.L.148-1995, SEC.5;
P.L.71-2005, SEC.7; P.L.158-2013, SEC.655; P.L.168-2014, SEC.113;
P.L.226-2014(ts), SEC.13; P.L.109-2023, SEC.1.
Notes of Decisions
Cited in
724
cases (
25 in the last 5 years), 1979–2026 · leading case:
Smith v. State, 889 N.E.2d 261 (Ind. 2008).
Smith v. State, 889 N.E.2d 261 (Ind. 2008).
· cites it 12× “" Ind.Code § 35-50-2-4 (2004). [2] "The legislature has prescribed standard or `presumptive' sentences for each crime, allowing the sentencing court limited discretion to enhance a sentence to reflect aggravating circumstances or to reduce a sentence to reflect mitigating…”
Cotto v. State, 829 N.E.2d 520 (Ind. 2005).
· cites it 6× “" Ind.Code § 35-50-2-4. [2] In this case the trial court enhanced Cotto's sentence from the presumptive term of thirty years to the maximum term of fifty years based on five aggravating circumstances: (1) Cotto's criminal history, (2) his likelihood of reoffending based on his…”
Otha S. Hamilton v. State of Indiana, 955 N.E.2d 723 (Ind. 2011).
· cites it 8× “Ind. Code § 35-50-2-4 (2008). A trial court may sentence a defendant to any prison term within the statutory range, but the trial court must clearly set out its reasons for its sentence to enable meaningful appellate review.”
Mann v. State, 742 N.E.2d 1025 (Ind. Ct. App. 2001).
· cites it 11× “Ind.Code § 35-50-2-4 provides that a person who commits a Class A felony "shall be imprisoned for a fixed term of thirty (30) years, with not more than twenty (20) years added for aggravating circumstances or not more than ten (10) years subtracted for mitigating circumstances[.”
Smylie v. State, 823 N.E.2d 679 (Ind. 2005).
· cites it 4× “See Ind.Code §§ 35-50-2-4 through -7, 35-50-3-2 through -4.”
Adam K. Baumholser v. State of Indiana, 62 N.E.3d 411 (Ind. Ct. App. 2016).
· cites it 4× “” Ind.Code § 35-50-2-4 (2005). The sentencing range for a Class C felony is “between two (2) and eight (8) years, with the advisory sentence being four (4) years.”
Prickett v. State, 856 N.E.2d 1203 (Ind. 2006).
· cites it 8× “[2] II Indiana Code section 35-50-2-4 governs the sentencing parameters to be applied to persons convicted of Class A felonies.”
Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013).
· cites it 4× “Ind.Code § 35-50-2-4. Thus, his sentence is within the statutory range, and we review it for an abuse of discretion.”
Neale v. State, 826 N.E.2d 635 (Ind. 2005).
· cites it 5× “" Ind.Code § 35-50-2-4 (2004). "If the court relies on aggravating or mitigating circumstances to deviate from the presumptive sentence, it must (1) identify all significant mitigating and aggravating circumstances; (2) state the specific reason why each circumstance has been…”
Pierce v. State, 949 N.E.2d 349 (Ind. 2011).
· cites it 4× “Ind.Code § 35-50-2-4. The advisory term for a Class C felony is four years with the minimum and maximum terms being two and eight years, respectively.”
McNew v. State, 391 N.E.2d 607 (Ind. 1979).
· cites it 6× “" Ind. Code § 35-50-2-4 (Burns 1979). The Indiana statutes provide criteria for sentencing, West's Ann.”
Juan Manzano v. State of Indiana, 12 N.E.3d 321 (Ind. Ct. App. 2014).
· cites it 4× “See Ind.Code § 35-50-2-4. Finally, after the guilty plea hearing concluded, the trial court allowed Manza-no’s ex-wife to give victim impact testimony for the purposes of sentencing because she desired to return to Texas and did not want to make a return trip to Indiana.”
— Ind. Code § 35-50-2-4(a) — 13 cases
— Ind. Code § 35-50-2-4(b) — 17 cases
— Ind. Code § 35-50-2-4(c) — 6 cases
— Ind. Code § 35-50-2-4(c)(1) — 2 cases
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