Indiana criminal charge
Failure to appear in Indiana
Failure to appear is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-2-9. 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 § 35-44.1-2-9.
What is the penalty for failure to appear in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Failure to appear - underlying charge misdemeanor — Applies when a person released from lawful detention on condition of appearance intentionally fails to appear and the original charge was not a felony.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Failure to appear - underlying charge misdemeanor — Applies when a person released from lawful detention on condition of appearance intentionally fails to appear and the original charge was not a felony.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Failure to appear - underlying charge felony — Applies when the person intentionally fails to appear as required and the original charge was a felony charge.; 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 (Failure to appear - underlying charge felony — Applies when the person intentionally fails to appear as required and the original charge was a felony charge.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is failure to appear classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to appear - underlying charge misdemeanor | Class A Misdemeanor | Applies when a person released from lawful detention on condition of appearance intentionally fails to appear and the original charge was not a felony. | Ind. Code § 35-44.1-2-9(a) |
| Failure to appear - underlying charge felony | Level 6 Felony | Applies when the person intentionally fails to appear as required and the original charge was a felony charge. | Ind. Code § 35-44.1-2-9(a) |
Common questions about failure to appear in Indiana
Is failure to appear a felony or a misdemeanor in Indiana?
It depends on the circumstances: failure to appear ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-44.1-2-9.
Failure to appear - underlying charge misdemeanor: Class A Misdemeanor (Ind. Code § 35-44.1-2-9(a)) · Failure to appear - underlying charge felony: Level 6 Felony (Ind. Code § 35-44.1-2-9(a))
What are the penalties for failure to appear in Indiana?
Which Indiana statute covers failure to appear?
Failure to appear is governed by Ind. Code § 35-44.1-2-9 (Failure to appear).
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.