Indiana criminal charge
Attempt in Indiana
Attempt is a criminal offense under Indiana law, defined by Ind. Code § 35-41-5-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-41-5-1.
What is the penalty for attempt in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 20 years to 40 years (Attempted murder — An attempt to commit murder is classified as a Level 1 felony.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Attempted murder — An attempt to commit murder is classified as a Level 1 felony.) | discretionary | Ind. Code § 35-50-2-4 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is attempt classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempted murder | Level 1 Felony | An attempt to commit murder is classified as a Level 1 felony. | Ind. Code § 35-41-5-1(a) |
Common questions about attempt in Indiana
Is attempt a felony or a misdemeanor in Indiana?
Attempt is a Level 1 Felony in Indiana under Ind. Code § 35-41-5-1.
Attempted murder: Level 1 Felony (Ind. Code § 35-41-5-1(a))
What are the penalties for attempt in Indiana?
Penalties for attempt in Indiana depend on how it is classified — from a Level 1 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers attempt?
Attempt is governed by Ind. Code § 35-41-5-1 (Attempt).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.