Sec. 2.2. (a) Except as provided in subsection (b) or (c), the court may suspend any part of a sentence for a felony.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 1 felonybetween 20 and 40 yearsup to $10,000
Level 2 felonybetween 10 and 30 yearsup to $10,000
Level 3 felonybetween 3 and 16 yearsup to $10,000
For details, see Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-5
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Terms Used In Indiana Code 35-50-2-2.2

  • Conviction: A judgement of guilt against a criminal defendant.
  • felony conviction: means a conviction, at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. See Indiana Code 35-50-2-1
  • minimum sentence: means :

    Indiana Code 35-50-2-1

     (b) If a person is convicted of:

(1) a Level 2 felony; or

(2) a Level 3 felony and has:

(A) any prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum; or

(B) a prior juvenile adjudication for an act that would constitute a felony if committed by an adult, other than an adjudication for an offense involving marijuana, hashish, hash oil, or salvia divinorum, and less than three (3) years have elapsed between commission of the act and the commission of the Level 3 felony for which the person is being sentenced;

the court may suspend only that part of a sentence that is in excess of the minimum sentence for the Level 2 felony or the Level 3 felony.

     (c) The court may suspend only that part of a sentence for murder or a Level 1 felony conviction that is in excess of the minimum sentence for murder or the Level 1 felony conviction.

     (d) The court may suspend any part of a sentence for an offense filed in adult court under IC 31-30-1-4(d), unless the offense is murder (IC 35-42-1-1).

As added by P.L.158-2013, SEC.654. Amended by P.L.168-2014, SEC.112; P.L.10-2016, SEC.1; P.L.252-2017, SEC.27; P.L.142-2020, SEC.85; P.L.119-2021, SEC.1; P.L.72-2023, SEC.15; P.L.115-2023, SEC.12; P.L.170-2023, SEC.10.

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