Question 1

What is the statute of limitations for criminal defense in Indiana?

Accepted Answer

Murder and Level 1-2 felonies have no statute of limitations. Level 3-6 felonies must be prosecuted within 5 years. Misdemeanors have a 2-year limit. DNA discovery can restart the clock on certain offenses. (Ind. Code § 35-41-4-2)

Question 2

What is Indiana's law on felony level system?

Accepted Answer

Murder: 45-65 years (advisory 55). Level 1: 20-40 years. Level 2: 10-30 years. Level 3: 3-16 years. Level 4: 2-12 years. Level 5: 1-6 years. Level 6: 6 months-2.5 years. Level 6 offenders generally serve sentences in county jails, not state prison. Maximum fine for all levels: $10,000. (Ind. Code § 35-50-2)

Question 3

What is Indiana's law on second chance law (expungement)?

Accepted Answer

Arrests without conviction: eligible after 1 year. Misdemeanor convictions: 5 years. Level 6 felonies (or old Class D): 8 years. More serious felonies: 8-10 years after conviction (prosecutorial consent may be required). Excluded: sex offenses, murder, voluntary/involuntary manslaughter, and offenses involving a deadly weapon. (Ind. Code § 35-38-9)

Question 4

What is Indiana's law on death penalty?

Accepted Answer

Indiana retains the death penalty for murder with aggravating circumstances. Method: lethal injection. Executions resumed in 2024 after a 15-year pause. (Ind. Code § 35-50-2-9)

Criminal Defense Laws in Indiana.

Statute of Limitations

Key Indiana Statutes

Official Sources

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