Indiana Code

Ind. Code § 35-50-2-7 (2026)

Class D felony; Level 6 felony; judgment of conviction entered as a misdemeanor

✓ current as of May 2026

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Sec. 7. (a) A person who commits a Class D felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

(b) A person who commits a Level 6 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).

(c) Notwithstanding subsections (a) and (b), if a person has committed a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014), the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if:

(1) the court finds that:

(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and

(B) the prior felony was committed less than three (3) years before the second felony was committed;

(2) the offense is domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3; or

(3) the offense is possession of child sex abuse material (IC 35-42-4-4(d)).

The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.

(d) Notwithstanding subsections (a) and (b), the sentencing court may convert a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014) to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (e) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings:

(1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).

(2) The person was not convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily injury to another person.

(3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).

(4) The person has not been convicted of domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3 in the fifteen (15) year period immediately preceding the commission of the current offense.

(5) At least three (3) years have passed since the person:

(A) completed the person's sentence; and

(B) satisfied any other obligation imposed on the person as part of the sentence;

for the Class D or Level 6 felony.

(6) The person has not been convicted of a felony since the person:

(A) completed the person's sentence; and

(B) satisfied any other obligation imposed on the person as part of the sentence;

for the Class D or Level 6 felony.

(7) No criminal charges are pending against the person.

(e) A petition filed under subsection (d) or (f) must be verified and set forth:

(1) the crime the person has been convicted of;

(2) the date of the conviction;

(3) the date the person completed the person's sentence;

(4) any obligations imposed on the person as part of the sentence;

(5) the date the obligations were satisfied; and

(6) a verified statement that there are no criminal charges pending against the person.

(f) If a person whose Class D or Level 6 felony conviction has been converted to a Class A misdemeanor conviction under subsection (d) is convicted of a felony not later than five (5) years after the conversion under subsection (d), a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014).

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.120; Acts 1982, P.L.204, SEC.40; P.L.334-1983, SEC.3; P.L.136-1987, SEC.7; P.L.167-1990, SEC.2; P.L.188-1999, SEC.9; P.L.98-2003, SEC.3; P.L.71-2005, SEC.10; P.L.69-2012, SEC.6; P.L.13-2013, SEC.145; P.L.159-2013, SEC.5; P.L.158-2013, SEC.660; P.L.168-2014, SEC.117; P.L.13-2016, SEC.19; P.L.40-2019, SEC.14; P.L.218-2025, SEC.24.

Notes of Decisions

Cited in 774 cases (30 in the last 5 years), 1979–2026 · leading case: State of Indiana v. Wallace Irvin Smith, III, 71 N.E.3d 368 (Ind. 2017).

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State of Indiana v. Wallace Irvin Smith, III, 71 N.E.3d 368 (Ind. 2017). · cites it 22× “” Ind. Code § 35-50-2-7 (b) (1998). 1 We later held that this language limited the trial court’s authority to modify sentencing “to the moment the trial court first entered its judgment of conviction and before the trial court announced its sentence.”

Smylie v. State, 823 N.E.2d 679 (Ind. 2005). · cites it 6× “Ind.Code Ann. § 35-50-2-7 (West 2004). At the sentencing hearing, the trial court judge found four aggravating circumstances: 1) Smylie's pattern of criminal activity, 2) his position of trust with the victim, 3) the effect of the crime on the victim, and 4) the imposition of a…”

State v. Brunner, 947 N.E.2d 411 (Ind. 2011). · cites it 10× “The applicable statute at the time of the conviction was Indiana Code section 35-50-2-7 (1998). It states, in relevant part, “if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly.”

Conner v. State, 626 N.E.2d 803 (Ind. 1993). · cites it 12× “Ind. Code Ann. § 35-50-2-7 (West Supp. 1993).”

Davis v. State, 835 N.E.2d 1102 (Ind. Ct. App. 2005). · cites it 4× “" Ind.Code § 35-50-2-7 (2004). [8] Davis contends that the aggravating factors recited at the sentencing hearing and those listed in the written sentencing order are different.”

Abbott v. State, 961 N.E.2d 1016 (Ind. 2012). · cites it 4× “We emphasize however that Abbott's offense was enhanced from a Class D felonywhich has an advisory sentence of one and a half years, see I.C. § 35-50-2-7to a Class B felony because he was "in, on, or within one thousand feet (1000) of .”

Wells v. State, 836 N.E.2d 475 (Ind. Ct. App. 2005). · cites it 4× “In essence, Wells argues that by imposing an eight-year executed sentence for a Class D felony, the trial court violated Indiana code section 35-50-2-7, which establishes the maximum penalty for a Class D felony as a three-year term of imprisonment.”

Collins v. State, 415 N.E.2d 46 (Ind. 1981). · cites it 6× “Defendant also contends that Ind.Code § 35-50-2-7 (Burns 1979 Repl.) violates article I, § 23 of the Indiana Constitution and the fourteenth amendment’s equal protection clause of the U.”

Gardiner v. State, 928 N.E.2d 194 (Ind. 2010). · cites it 4× “Gardiner had been sentenced to a one-year term-six months more than the minimum sentence for a Class D felony, see Ind. Code § 35-50-2-7 -all of which was suspended to probation which Gardiner apparently completed with success.”

Larry C. Perry, Jr. v. State of Indiana, 78 N.E.3d 1 (Ind. Ct. App. 2017). · cites it 2× “Ind. Code § 35-50-2-7 (b). Perry received the maximum permissible sentence.”

Thomas M. Kunberger v. State of Indiana, 46 N.E.3d 966 (Ind. Ct. App. 2015). · cites it 4× “Ind. Code § 35-50-2-7 (b). A person who commits a Class A misdemeanor shall Court of Appeals of Indiana | Opinion 02A03-1505-CR-304 | December 2, 2015 Page 12 of 17 be sentenced to not more than one year.”

Henley v. State, 881 N.E.2d 639 (Ind. 2008). · cites it 2× “I.C. § 35-50-2-7 (1998) ("A person who commits a Class D felony shall be imprisoned for a fixed term of one and one-half (1½) years, with not more than one and one-half (1 ½) years added for aggravating circumstances or not more than one (1) year subtracted for mitigating…”

Show all 774 citing cases →

— Ind. Code § 35-50-2-7(a) — 66 cases

Smylie v. State, 823 N.E.2d 679 (Ind. 2005). “Ind.Code Ann. § 35-50-2-7 (West 2004). At the sentencing hearing, the trial court judge found four aggravating circumstances: 1) Smylie's pattern of criminal activity, 2) his position of trust with the victim, 3) the effect of the crime on the victim, and 4) the imposition of a…”

Antcliff v. State, 688 N.E.2d 166 (Ind. Ct. App. 1997).

Robertson v. State, 871 N.E.2d 280 (Ind. 2007).

Wilson v. State, 966 N.E.2d 1259 (Ind. Ct. App. 2012).

Malenchik v. State, 928 N.E.2d 564 (Ind. 2010).

— Ind. Code § 35-50-2-7(b) — 110 cases

State v. Brunner, 947 N.E.2d 411 (Ind. 2011). “The applicable statute at the time of the conviction was Indiana Code section 35-50-2-7 (1998). It states, in relevant part, “if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly.”

Willis v. State, 888 N.E.2d 177 (Ind. 2008).

Shepherd v. State, 924 N.E.2d 1274 (Ind. Ct. App. 2010).

Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017).

Gardiner v. State, 928 N.E.2d 194 (Ind. 2010). “Gardiner had been sentenced to a one-year term-six months more than the minimum sentence for a Class D felony, see Ind. Code § 35-50-2-7 -all of which was suspended to probation which Gardiner apparently completed with success.”

— Ind. Code § 35-50-2-7(b)(1) — 1 case

Albert Harris v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-50-2-7(c) — 10 cases

In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015).

John Alden v. State of Indiana, 983 N.E.2d 186 (Ind. Ct. App. 2013).

State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018).

Fredy Sanchez v. Eric Holder, Jr., 757 F.3d 712 (7th Cir. 2014).

Hiawathia Hunt v. State of Indiana, 983 N.E.2d 196 (Ind. Ct. App. 2013).

— Ind. Code § 35-50-2-7(c)(1) — 1 case

Gregory Darnell Henderson v. State of Indiana (Ind. Ct. App. 2024).

— Ind. Code § 35-50-2-7(c)(1)(A) — 1 case

Lasandra Norman v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-50-2-7(d) — 8 cases

State of Indiana v. Wallace Irvin Smith, III, 71 N.E.3d 368 (Ind. 2017). “” Ind. Code § 35-50-2-7 (b) (1998). 1 We later held that this language limited the trial court’s authority to modify sentencing “to the moment the trial court first entered its judgment of conviction and before the trial court announced its sentence.”

In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015).

State of Indiana v. Wallace Irvin Smith, III, 58 N.E.3d 224 (Ind. Ct. App. 2016).

David Scudder v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

Naveed Gulzar v. State of Indiana (Ind. Ct. App. 2019).

— Ind. Code § 35-50-2-7(f) — 1 case

Naveed Gulzar v. State of Indiana (Ind. Ct. App. 2019).

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