Level 4 Felony in Indiana: Sentence Range, Common Charges, and Defense Options

· Written By Jerry L. Garner

Two to twelve years in prison is the range Indiana law assigns to a Level 4 felony conviction, and that range alone should tell you how seriously the state treats this level of charge. Whether the case involves an OWI that caused a fatality, a burglary of an occupied home, a drug dealing charge, or an offense against a child, a Level 4 felony charge in Evansville, Rockport, or elsewhere in Southern Indiana puts years of a person’s life and a permanent felony record on the line.

Level 4 sits just above the midpoint of Indiana’s felony ladder, one step more serious than a Level 5 felony and one step less serious than a Level 3 felony. That position matters because the sentencing math is real: a Level 4 conviction can mean a decade or more behind bars depending on the facts, which is why understanding the charge and building a defense early are not optional steps. They are the difference between managing a case and reacting to one.

What Is a Level 4 Felony in Indiana?

Indiana sentences felonies on a six-level scale, Level 6 at the bottom and Level 1 at the top, with murder sitting above the entire scale in its own separate and more severe sentencing bracket rather than as a numbered level itself. A Level 4 felony sits just above the halfway point on that scale, one step up from Level 5 and one step below Level 3.

Unlike Level 1, Level 3, Level 5, and Level 6, a Level 4 felony has no direct predecessor in Indiana’s older Class A through Class D felony system. When Indiana replaced that four-tier system with the current six-level structure for crimes committed after June 30, 2014, Level 2 and Level 4 were new gradations the legislature added between the old class boundaries, rather than renamed versions of an existing class. What is a Level 4 felony in Indiana in practical terms is a serious felony charge, created to sit between what used to be broader class distinctions, and it still carries a fixed prison term under Indiana law. For how a Level 4 felony fits among Indiana’s other levels, see our complete guide to Indiana’s felony levels.

Sentence Range, Advisory Sentence, and Fines

Under IC 35-50-2-5.5, a person convicted of a Level 4 felony faces a fixed prison term of between two and twelve years, with an advisory sentence of six years, and may also be fined up to $10,000. At a glance:

  • Fixed prison term: two to twelve years
  • Advisory sentence: six years
  • Maximum fine: $10,000

That advisory sentence is a starting point, not a guarantee of where a particular sentence lands. Indiana law hands the judge six years as the baseline for a Level 4 felony conviction under IC 35-50-2-5.5, and the circumstances of the individual case, both aggravating and mitigating, are what move the final number up toward twelve years or down toward two. How thoroughly those circumstances are investigated and presented at sentencing can make a substantial difference in where a case actually lands within that range.

Common Level 4 Felony Charges in Indiana

Level 4 felonies in Indiana cover conduct ranging from an OWI that results in a death or catastrophic injury to burglary, aggravated drug dealing, and certain forms of child molesting. The offenses below are among the Level 4 charges we see most often, each with the Indiana Code section that establishes it.

OWI Causing Death or Catastrophic Injury

Under IC 9-30-5-5(a), a person who causes the death or catastrophic injury of another person while operating a vehicle with an alcohol concentration of at least 0.08 grams, with a schedule I or II controlled substance or its metabolite in the person’s blood, or while otherwise intoxicated commits a Level 4 felony. This is one of the few Level 4 offenses that starts as ordinary impaired driving and becomes a serious felony because of what happened as a result, rather than because of any additional intent on the driver’s part.

Because the difference between a standard OWI and this Level 4 felony version turns entirely on the outcome of the crash, the state’s proof of intoxication itself, the field sobriety test, the breath or blood test, and the chain of custody for that evidence, is often where a defense finds its strongest footing. Our DUI and OWI defense page covers how we approach impaired driving charges in more detail.

Child Molesting (Fondling or Touching)

Child molesting, in its fondling or touching form, is a Level 4 felony under IC 35-42-4-3(b). This is a separate subsection of the same child molesting statute from the one that defines sexual intercourse or other sexual conduct with a child under fourteen, which carries its own, more severe base and aggravated tiers. Our sex crimes defense page addresses how we approach child molesting and related charges.

Burglary of a Dwelling

Burglary, which is a Level 5 felony at its base under IC 35-43-2-1, becomes a Level 4 felony under IC 35-43-2-1(1) when the building or structure broken into is a dwelling. The offense is otherwise the same: an unlawful entry made with the intent to commit a felony or theft inside. Indiana law simply treats an intrusion into someone’s home as more serious than an intrusion into an unoccupied building or structure. Our property and theft crimes page covers burglary, including this dwelling-based enhancement, in more detail.

Dealing in Cocaine or a Narcotic Drug

Dealing in cocaine or a narcotic drug is a Level 4 felony under IC 35-48-4-1(c) when the amount involved is at least one gram but less than five grams, or when the amount is less than one gram and an enhancing circumstance applies. The exact quantity involved, and how it was measured and documented, are frequently central issues in how these cases are defended. Our drug dealing and trafficking page covers dealing and distribution charges across every level in more detail.

How Sentencing Actually Plays Out

The two-to-twelve-year range and the $10,000 fine ceiling under IC 35-50-2-5.5 are the starting point for a Level 4 felony sentence, not necessarily the final word on what a conviction costs.

The Habitual Offender Enhancement

Indiana’s habitual offender enhancement can add substantial additional years for a defendant with the right combination of prior felony convictions; our habitual offender enhancement post explains how that enhancement works and what triggers it.

Good Time Credit

Credit time earned for good behavior and program participation while incarcerated works in the other direction, reducing the amount of a sentence actually served. Our Indiana good time credit post explains how those credit classes work.

Collateral Consequences

A Level 4 felony conviction also follows a person well past the end of any prison sentence, affecting employment, housing, and other opportunities for years afterward. Our post on the collateral consequences of a criminal charge covers what that looks like in practice.

Defense Options for a Level 4 Felony Charge

A Level 4 felony charge is serious, but it is not a conviction. Depending on the offense, a defense may challenge:

  • The state’s evidence of intoxication in an OWI case
  • The intent element in a burglary or child molesting charge
  • The drug quantity the state claims in a dealing case
  • Whether the facts actually support a Level 4 charge rather than a lesser one

Before he became a defense attorney, Jerry L. Garner worked as an FBI Special Agent, and that background still shows in how he approaches a case file: he reads the state’s evidence the way an investigator would, not just the way the prosecutor charged it. His practice covers Level 4 felony cases throughout Vanderburgh, Warrick, Spencer, and Perry counties, serving clients from Evansville down through Rockport, Tell City, and Boonville.

Contact Us for Help

If you or someone you love is facing a Level 4 felony charge anywhere in Southern Indiana, getting a defense attorney involved early gives you more options, not fewer. Call our office at (812) 301-6221 or contact us online to talk through your situation.

Remember: a Level 4 felony’s range leaves a court real room between its floor and its ceiling, and the evidence supporting the charged level is always worth testing before it hardens into a conviction.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Contact our office to discuss your particular situation.