Understanding the Criminal Justice System
The major overhaul of Indiana’s Criminal Code goes into effect on July 1, 2014 and contains dramatic changes to almost all aspects of criminal law in Indiana. If you are charged or convicted of a crime in Indiana starting later this year, these revisions will no doubt impact you, whether it be in how your offense is classified or, as discussed here, how the length of your sentence can and will be determined if you are deemed to be a “Habitual Offender.”
Currently, Two Classes of “Habitual Offenders”
Under the current Indiana Criminal Code, the sentences for certain crimes can be enhanced if the defendant is deemed to be a “Habitual Offender.” If a person has two or more felony convictions, the prosecutor can ask that the Court sentence the defendant as a Habitual Offender. The length of the enhanced sentence is not less than the presumptive sentence for the level of offense that the enhancement attaches to, and not more than three times the presumptive sentence, but not more than 30 years, total. Also, felony drug convictions do not necessarily count towards a Habitual Offender determination, unless they are the same drug offense separated by a certain number of years.
The Code revision simplifies this rather confusing sentencing calculus for Habitual Offenders. Currently, Indiana has two classifications of Habitual Offenders: a Habitual Substance Offender and the normal Habitual Offender.
The Habitual Substance Offender is a sentencing enhancement that can allow a prosecutor to ask that the Court sentence a defendant who has at least 3 substance abuse-related convictions (such as driving while intoxicated or possession of marijuana) to an additional 3-8 years in prison. This statute was repealed in the Code Revision.
One New Class of “Habitual Offenders”
The Revised Code contains only one class of Habitual Offender, and all felony convictions count towards Habitual Offender status. A person will now be sentenced as a Habitual Offender for a Level 1-4 Felony if the State proves that the defendant has 2 or more unrelated prior felony convictions, and that at least one of those convictions was NOT a Level 6 or Class D Felony. The Habitual enhancement at this level is an additional term of imprisonment of 6-20 years. A person will be sentenced as a Habitual Offender for a Level 5 Felony if the State proves that the defendant has 2 or more unrelated prior felony convictions, and that at least one of those convictions was NOT a Level 6 or Class D Felony, and that any prior Level 5 or 6 Felony, or Class C or D Felony, was committed within the last 10 years of the conviction on the new offense.
A person can be sentenced as a Habitual Offender for a Level 5 Felony if the State proves that the defendant has 3 or more unrelated prior felony convictions, and that at least one of those convictions was NOT a Level 6 or Class D Felony, and that any prior Level 5 or 6 Felony, or Class C or D Felony, was committed within the last 10 years of the conviction on the new offense. The Habitual enhancement for a Level 5 or 6 offense is an additional term of imprisonment of 2-6 years.
This may not sound like “simplification,” but it does in fact bring more clarity to the Habitual Offender determination. This is just one aspect of sentencing impacted by the comprehensive Criminal Code revisions. In upcoming posts, I will discuss changes to sentencing credits and how sentences may be modified under the new Code.
Indianapolis Criminal Defense Attorney John Razumich Can Help You Fight All Criminal Charges
Indianapolis criminal defense attorney John Razumich provides exceptional representation for clients facing a wide range of Indiana criminal charges. If you have been charged with a crime and are facing the prospect of losing your freedom, Mr. Razumich will fight for you every step of the way to get the best results that will allow you to move forward with your life.
