Indiana criminal charge
Criminal offense; punishment in Indiana
Criminal offense; punishment is a criminal offense under Indiana law, defined by Ind. Code § 35-43-8-2. 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 § 35-43-8-2.
What is the penalty for criminal offense; punishment in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Timber spiking - base offense — A person recklessly, knowingly, or intentionally drives, places, or fastens a hard metal, ceramic, or other substance device in timber, without claim or right or owner consent, intending to hinder felling, logging, or processing of timber.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Timber spiking - base offense — A person recklessly, knowingly, or intentionally drives, places, or fastens a hard metal, ceramic, or other substance device in timber, without claim or right or owner consent, intending to hinder felling, logging, or processing of timber.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Timber spiking causing bodily injury — The offense described in subsection (a) is elevated when it causes bodily injury to another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Timber spiking causing bodily injury — The offense described in subsection (a) is elevated when it causes bodily injury to another person.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is criminal offense; punishment classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Timber spiking - base offense | Level 6 Felony | A person recklessly, knowingly, or intentionally drives, places, or fastens a hard metal, ceramic, or other substance device in timber, without claim or right or owner consent, intending to hinder felling, logging, or processing of timber. | Ind. Code § 35-43-8-2(a) |
| Timber spiking causing bodily injury | Level 5 Felony | The offense described in subsection (a) is elevated when it causes bodily injury to another person. | Ind. Code § 35-43-8-2(b) |
Common questions about criminal offense; punishment in Indiana
Is criminal offense; punishment a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal offense; punishment ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-43-8-2.
Timber spiking - base offense: Level 6 Felony (Ind. Code § 35-43-8-2(a)) · Timber spiking causing bodily injury: Level 5 Felony (Ind. Code § 35-43-8-2(b))
What are the penalties for criminal offense; punishment in Indiana?
Which Indiana statute covers criminal offense; punishment?
Criminal offense; punishment is governed by Ind. Code § 35-43-8-2 (Criminal offense; punishment).
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.