In Indiana’s hierarchy of felony offenses, Level 6 felonies sit in a unique position. They are serious enough to carry felony penalties, but courts can sometimes treat them like misdemeanors. That is why they are referred to as “wobblers.” Understanding how these charges are dealt with by criminal courts is important to protecting your rights and interests.
Indiana classifies felonies from Level 1 (the most serious) to Level 6 (the least serious). Level 6 felony offenses include thefts of certain property values, possession of certain controlled substances, domestic battery with prior convictions and operating a vehicle while intoxicated (OWI) with a prior offense. These cases frequently involve circumstances where rehabilitation or reduced penalties may be appropriate, which is why Level 6 felonies are treated differently from other felony levels.
Even though Level 6 is the lowest felony category, the penalties can be substantial. Indiana law sets the sentencing range at six months to two and a half years, with an advisory sentence of one year. Courts can also impose fines of up to $10,000. Judges have broad discretion and outcomes can vary depending on the county, the prosecutor’s stance and the defendant’s criminal history.
The reason Level 6 felonies are called “wobblers” is that they can be treated as either a felony or a misdemeanor depending on the circumstances.
Indiana law allows two major paths for misdemeanor treatment:
- Misdemeanor sentencing at time of conviction — Under Indiana Code 35-50-2-7, a judge can enter a Class A misdemeanor conviction instead of a felony if the defendant meets certain criteria, such as not having a prior Class A misdemeanor conviction less than three years earlier.
- Misdemeanor conversion after probation — Even if the conviction begins as a felony, the court can convert it to a misdemeanor after the defendant successfully completes probation. This option is often a major goal in plea negotiations.
Taking advantage of these opportunities can have an effect on the rest of a person’s life. A Level 6 felony conviction can have collateral consequences, such as loss of firearm rights; barriers to employment and housing; professional licensing problems; and immigration consequences for non-citizens. These long-term effects are why pursuing misdemeanor treatment is a top priority.
Early intervention can influence eligibility for diversion, the prosecutor’s willingness to reduce the charge, bond conditions and the ability to challenge evidence. An experienced criminal defense attorney can provide effective advocacy at all stages of the case in order to secure the best possible outcome.
If you face criminal charges in northern Indiana, The Law Offices of Ryan E. Lackey in Fort Wayne is ready to provide strong representation. For a free consultation, please call 260-222-7364 or contact us online.
