Indiana criminal charge
Classification of offense; serious bodily injury in Indiana
Classification of offense; serious bodily injury is a criminal offense under Indiana law, defined by Ind. Code § 9-30-5-4. 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 § 9-30-5-4.
What is the penalty for classification of offense; serious bodily injury in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Causing serious bodily injury while operating a vehicle intoxicated — A person causes serious bodily injury to another when operating a vehicle with a BAC of at least 0.08, with a schedule I or II controlled substance or its metabolite in the blood, or while intoxicated.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Causing serious bodily injury while operating a vehicle intoxicated — A person causes serious bodily injury to another when operating a vehicle with a BAC of at least 0.08, with a schedule I or II controlled substance or its metabolite in the blood, or while intoxicated.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Causing serious bodily injury while operating a vehicle intoxicated — prior OWI conviction — The offense described in subsection (a) is elevated when the person has a previous conviction of operating while intoxicated within the five years preceding the commission of the offense.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Causing serious bodily injury while operating a vehicle intoxicated — prior OWI conviction — The offense described in subsection (a) is elevated when the person has a previous conviction of operating while intoxicated within the five years preceding the commission of the offense.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is classification of offense; serious bodily injury classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Causing serious bodily injury while operating a vehicle intoxicated | Level 5 Felony | A person causes serious bodily injury to another when operating a vehicle with a BAC of at least 0.08, with a schedule I or II controlled substance or its metabolite in the blood, or while intoxicated. | Ind. Code § 9-30-5-4(a) |
| Causing serious bodily injury while operating a vehicle intoxicated — prior OWI conviction | Level 4 Felony | The offense described in subsection (a) is elevated when the person has a previous conviction of operating while intoxicated within the five years preceding the commission of the offense. | Ind. Code § 9-30-5-4(a) |
Common questions about classification of offense; serious bodily injury in Indiana
Is classification of offense; serious bodily injury a felony or a misdemeanor in Indiana?
It depends on the circumstances: classification of offense; serious bodily injury ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 9-30-5-4.
Causing serious bodily injury while operating a vehicle intoxicated: Level 5 Felony (Ind. Code § 9-30-5-4(a)) · Causing serious bodily injury while operating a vehicle intoxicated — prior OWI conviction: Level 4 Felony (Ind. Code § 9-30-5-4(a))
What are the penalties for classification of offense; serious bodily injury in Indiana?
Penalties for classification of offense; serious bodily injury in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers classification of offense; serious bodily injury?
Classification of offense; serious bodily injury is governed by Ind. Code § 9-30-5-4 (Classification of offense; serious bodily injury).
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.