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CRIMINAL DEFENSE

ALTERNATE MISDEMEANOR SENTENCING

(AMI)

In Indiana, certain Level 6 felony convictions or previous D felony convictions can be converted to a misdemeanor through alternate misdemeanor sentencing (AMS).  AMS is often addressed during sentencing of the felony.  However, if it was not addressed during sentencing, AMS can be requested at a later time.

 

Indiana Code 35-38-1-1.5 Converting Level 6 felony to Class A misdemeanor

A court may enter judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor if the person fulfills certain conditions.

 

A court may enter a judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Level 6 felony that qualifies for consideration as a Class A misdemeanor and the prosecuting attorney consents  and the person agrees to the conditions set by the court.

     

For a judgment of conviction to be entered above, the court, the prosecuting attorney, and the person must all agree to the conditions set by the court.

     

The court is not required to convert a judgment of conviction entered as a Level 6 felony to a Class A misdemeanor if, after a hearing, the court finds:  the person has violated a condition set by the court from above or the period that the conditions set by the court from above are in effect expires before the person successfully completes each condition.

 

However, the court may not convert a judgment of conviction entered as a Level 6 felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court from above expire.

     

The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court.

     

The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.

     

This section may not be construed to diminish or alter the rights of a victim in a sentencing proceeding under this chapter.

 

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