Sentence Modification

Criminal Defense Attorneys for Indiana Sentence Modification

Our criminal attorneys at Gibson Law Office have years of experience helping clients modify sentences to get out of jail or prison early and to reduce Level 6 felony convictions to Class A misdemeanors. If you’d like to modify or reduce your sentence, schedule a free consultation with one of our Indiana attorneys to confirm your eligibility and come up with a plan.

What Is Sentence Modification?

Sentence modification is adjusting the terms of your original sentence by going back to court and asking the Judge to modify it. Sentence modification involves two primary situations:

Reducing a Level 6 felony conviction to a Class A misdemeanor; or
Modifying, reducing, or changing the terms of your original sentence, including reducing jail or prison time.

What Factors Do Judges Look at When Determining Whether to Grant Sentence Modification?

There are several factors that judges look at when determining whether to grant or deny a petition for sentence modification. Judges often weigh several factors, including:

Rehabilitation Completion: Successful completion of rehabilitation programs, including Purposeful Incarceration or Recovery While Incarcerated
Education and Training: Attainment of new educational degrees or vocational training
Good Behavior: Exemplary conduct and active participation in prison activities
Support System: Whether there’s strong support from family and friends
Health Conditions: Any health issues or age factors that might make continued imprisonment unduly harsh

If you have compelling reasons why your sentence should be modified or reduced, you need an experienced criminal defense attorney on your side. Contact an attorney at Gibson Law Office to schedule a consultation today.

How Can I Reduce a Felony Conviction to a Misdemeanor in Indiana?

A Level 6 felony in Indiana can be reduced to a Class A misdemeanor in three ways: 1) at a sentencing hearing by a judge; 2) pursuant to a Plea Agreement; or 3) three years after a person completes his or her sentence by filing a petition with the court.

Plea Agreement: In many situations a Plea Agreement can be negotiated to provide that upon successful completion of a person’s sentence, he or she may petition for misdemeanor treatment.

In the absence of a Plea Agreement, a person can petition to reduce a Level 6 felony to a misdemeanor three years after completing his or her sentence.

Eligibility Requirements (the waiting period below only applies in the absence of a Plea Agreement):

The person is not a sex or violent offender (as defined in IC 11-8-8-5).
The person was not convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily injury to another person.
The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).
The person has not been convicted of domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3 in the fifteen (15) year period immediately preceding the commission of the current offense.
At least three (3) years have passed since the person:
1. completed the person’s sentence; and
2. satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony.
The person has not been convicted of a felony since the person:
1. completed the person’s sentence; and
2. satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony.
No criminal charges are pending against the person.

How Can I Reduce a Felony Conviction to a Misdemeanor in Indiana?

Plea Agreement: In many situations a Plea Agreement can be negotiated to provide that upon successful completion of a person’s sentence, he or she may petition for misdemeanor treatment.

In the absence of a Plea Agreement, a person can petition to reduce a Level 6 felony to a misdemeanor three years after completing his or her sentence.

Eligibility Requirements (the waiting period below only applies in the absence of a Plea Agreement):

The person is not a sex or violent offender (as defined in IC 11-8-8-5).
The person was not convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily injury to another person.
The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).
The person has not been convicted of domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3 in the fifteen (15) year period immediately preceding the commission of the current offense.
At least three (3) years have passed since the person:

completed the person’s sentence; and
satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony.

The person has not been convicted of a felony since the person:

completed the person’s sentence; and
satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony.

No criminal charges are pending against the person.

Does Modifying a Level 6 Felony to a Class A Misdemeanor Help me Expunge my Criminal Records Sooner?

A person who has been convicted of a Level 6 felony can file a Petition for Expungement eight years after the conviction date. However, if the conviction is reduced to a Class A misdemeanor, the conviction records can be expunged after five years. Thus, modifying your felony to a misdemeanor can result in expunging your criminal record three years sooner.

Common Level 6 felony offenses that can be reduced to a misdemeanor include: OWI-Prior, theft, Operating While Being a Habitual Traffic Offender, possession of drugs (marijuana, cocaine, meth, etc).

How Can I Modify, Reduce, or Change the Terms of my Original Sentence in Indiana?

In Indiana, when you can seek to reduce, modify, or change the terms of your sentence depends on the offense, terms of any plea agreement, and the requirements of certain modification statutes. Our attorneys will review your case to confirm whether you meet the eligibility requirements.

When a person is eligible to file a petition for sentence modification, the court may reduce or suspend the sentence and impose a sentence that the court was authorized to impose at the time of sentencing. However, if the person was sentenced under the terms of a plea agreement, the court may not, without the consent of the prosecuting attorney, reduce or suspend the sentence and impose a sentence not authorized by the plea agreement.

Sentence Modification

Criminal Defense Attorneys for Indiana Sentence Modification

What Is Sentence Modification?

What Factors Do Judges Look at When Determining Whether to Grant Sentence Modification?

Indiana Defense Lawyers in Lafayette, Bloomington, Anderson, and Fort Wayne

How Do I Qualify for Sentence Modification in Indiana?

How Can I Reduce a Felony Conviction to a Misdemeanor in Indiana?

How Can I Reduce a Felony Conviction to a Misdemeanor in Indiana?

Does Modifying a Level 6 Felony to a Class A Misdemeanor Help me Expunge my Criminal Records Sooner?

How Can I Modify, Reduce, or Change the Terms of my Original Sentence in Indiana?

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