Indiana Code
Ind. Code § 35-50-2-5.5 (2025)
Level 4 felony
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 5.5. A person who commits a Level 4 felony shall be imprisoned for a fixed term of between two (2) and twelve (12) years, with the advisory sentence being six (6) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by P.L.158-2013, SEC.658. Amended by P.L.168-2014, SEC.115.
Notes of Decisions
Cited in 67
cases (7 in the last 5 years), 2015–2026 · leading case: Schaaf v. State, 54 N.E.3d 1041 (Ind. Ct. App. 2016).
Schaaf v. State, 54 N.E.3d 1041 (Ind. Ct. App. 2016). “"); Ind.Code § 35-50-2-5.5 (“A person who commits a Level 4 felony shall be' imprisoned for a fixed term of between two (2) and twelve (12) years, with the advisory sentence being six (6) years.”
Michael Norris v. State of Indiana, 113 N.E.3d 1245 (Ind. Ct. App. 2018). “For his Level 4 felony conviction, the trial court sentenced Norris to twelve (12) years, with eight years ordered to be executed in the Department of Correction, two years to be executed on Marion County Community Corrections, and two years suspended to probation, and 636 days…”
Frantz Jerry Sainvil v. State of Indiana, 51 N.E.3d 337 (Ind. Ct. App. 2016). “I.C. § 35-50-2-5.5. *344 The sentencing range for a habitual offender conviction is between six (6) and twenty (20) years.”
Morgan K. Govan v. State of Indiana, 116 N.E.3d 1165 (Ind. Ct. App. 2019). “Code section 35-50-2-5.5 (2014). In addition, if a person is determined to be an habitual offender, the court may add a fixed term of between six years and twenty years to a *1177 conviction for murder or a Level 1 through Level 4 felony.”
Darryl L. Calvin v. State of Indiana (mem. dec.), 80 N.E.3d 226 (Ind. Ct. App. 2017). “§ 35-50-2-7(b) (sentence for Level 6 felony convictions is between six months and two-and-one-half years); I.C. § 35-50-2-5.5 (a Level 4 felony incurs imprisonment for a fixed term of between two and twelve years).”
Nathaniel Hale v. State of Indiana, 128 N.E.3d 456 (Ind. Ct. App. 2019). “And the *464 court identified two mitigators: Hale's lack of a significant criminal history, and the hardship that Hale's incarceration would impose on his dependents.”
Larenz Jordan v. State of Indiana, 62 N.E.3d 401 (Ind. Ct. App. 2016). “I.C. § 35-50-2-5.5. For the Level 5 felony conviction, Jordan faced a sentencing range of between one and six years, with an advisory term of three years.”
Deangelo Evans v. State of Indiana, 85 N.E.3d 632 (Ind. Ct. App. 2017). “See I.C. § 35-50-2-5.5. The sentencing range for a Level 6 felony is between six months and two and one-half years,' with an advisory sentence of one year.”
Michael L. Cope, II v. State of Indiana (mem. dec.), No. 79A02-1708-CR-1752 (Ind. Ct. App. Dec. 27, 2017). “” I.C. § 35-50-2-5.5. In this case, as factors warranting an aggravated sentence, the trial court cited Cope’s prior criminal history and “consider[ed] the circumstances that surrounded this particular offense”—specifically, the evidence indicating that Cope’s wife lived in fear…”
Mario Hollins v. State of Indiana, 145 N.E.3d 847 (Ind. Ct. App. 2020). “I.C. § 35-50-2-5.5. Hollins’ plea agreement capped his individual Court of Appeals of Indiana | Opinion 19A-CR-2743 | April 8, 2020 Page 6 of 11 sentences at eight years, allowing him to avoid exposure to an additional eight years of imprisonment.”
David A. Swift v. State of Indiana (mem. dec.), No. 03A01-1509-CR-1456 (Ind. Ct. App. Mar. 24, 2016).
James M. Lierl v. State of Indiana (mem. dec.), No. 24A01-1509-CR-1406 (Ind. Ct. App. May 13, 2016).
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