A Court of Appeals decision decided on August 6, 2010 has limited the ability of trial courts to reduce Class D felony convictions to Class A misdemeanors. In a case of first impression, the Indiana Court of Appeals has held that a trial court may only reduce a Class D felony, to a Class A misdemeanor, at the time of the original sentencing hearing; or, by the entry of a conditional Class D felony, whereby the Class D felony will automatically be reduced to a Class A misdemeanor within three years, provided the Defendant completes certain terms of probation.
I handle criminal cases in dozens of Indiana counties, and throughout the State judges have routinely reduced Class D felony convictions to Class A misdemeanors through sentence modification. This Court of Appeals decision will dramatically affect plea negotiations, sentencing hearings, and decisions on whether to proceed to jury trial, in Class D felony cases. Class D felony crimes include theft, receiving stolen property, operating while intoxicated with a prior conviction, possession of a controlled substance, resisting law enforcement in a vehicle, maintaining a common nuisance, and driving while being a habitual traffic violator. If you have a pending Class D felony charge, it is crucial that you seek the advice of an experienced criminal attorney who is familiar with this recent change in interpreting Indiana law.
