Indiana criminal charge
Criminal recklessness in Indiana
Criminal recklessness is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-2. 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 § 35-42-2-2.
What is the penalty for criminal recklessness in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base criminal recklessness — A person recklessly, knowingly, or intentionally performs an act creating a substantial risk of bodily injury to another person, and none of the enhancing circumstances in subsection (b) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base criminal recklessness — A person recklessly, knowingly, or intentionally performs an act creating a substantial risk of bodily injury to another person, and none of the enhancing circumstances in subsection (b) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Criminal recklessness while armed with a deadly weapon — The base offense is committed while the person is armed with a deadly weapon.; 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 (Criminal recklessness while armed with a deadly weapon — The base offense is committed while the person is armed with a deadly weapon.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Criminal recklessness via aggressive driving causing serious bodily injury — The person committed aggressive driving that results in serious bodily injury to another person.; 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 (Criminal recklessness via aggressive driving causing serious bodily injury — The person committed aggressive driving that results in serious bodily injury to another person.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Criminal recklessness by shooting into occupied vehicle or building — The offense is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal recklessness by shooting into occupied vehicle or building — The offense is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Criminal recklessness via aggressive driving causing death or catastrophic injury — The person committed aggressive driving that results in the death or catastrophic injury of another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal recklessness via aggressive driving causing death or catastrophic injury — The person committed aggressive driving that results in the death or catastrophic injury of another person.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Passenger pointing firearm during driver's criminal recklessness — A passenger in a vehicle whose operator committed an offense under subsection (a) or (b) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present.; 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 (Passenger pointing firearm during driver's criminal recklessness — A passenger in a vehicle whose operator committed an offense under subsection (a) or (b) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is criminal recklessness classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base criminal recklessness | Class A Misdemeanor | A person recklessly, knowingly, or intentionally performs an act creating a substantial risk of bodily injury to another person, and none of the enhancing circumstances in subsection (b) apply. | Ind. Code § 35-42-2-2(a) |
| Criminal recklessness while armed with a deadly weapon | Level 6 Felony | The base offense is committed while the person is armed with a deadly weapon. | Ind. Code § 35-42-2-2(b) |
| Criminal recklessness via aggressive driving causing serious bodily injury | Level 6 Felony | The person committed aggressive driving that results in serious bodily injury to another person. | Ind. Code § 35-42-2-2(b) |
| Criminal recklessness by shooting into occupied vehicle or building | Level 5 Felony | The offense is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present. | Ind. Code § 35-42-2-2(b) |
| Criminal recklessness via aggressive driving causing death or catastrophic injury | Level 5 Felony | The person committed aggressive driving that results in the death or catastrophic injury of another person. | Ind. Code § 35-42-2-2(b) |
| Passenger pointing firearm during driver's criminal recklessness | Level 6 Felony | A passenger in a vehicle whose operator committed an offense under subsection (a) or (b) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present. | Ind. Code § 35-42-2-2(c) |
Common questions about criminal recklessness in Indiana
Is criminal recklessness a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal recklessness ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-42-2-2.
Base criminal recklessness: Class A Misdemeanor (Ind. Code § 35-42-2-2(a)) · Criminal recklessness while armed with a deadly weapon: Level 6 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness via aggressive driving causing serious bodily injury: Level 6 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness by shooting into occupied vehicle or building: Level 5 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness via aggressive driving causing death or catastrophic injury: Level 5 Felony (Ind. Code § 35-42-2-2(b)) · Passenger pointing firearm during driver's criminal recklessness: Level 6 Felony (Ind. Code § 35-42-2-2(c))
What are the penalties for criminal recklessness in Indiana?
Which Indiana statute covers criminal recklessness?
Criminal recklessness is governed by Ind. Code § 35-42-2-2 (Criminal recklessness).
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.