Indianapolis, IN asked in Criminal Law for Indiana

Q: In marion county can the judge sentence me on a class b misdemeanor and sentenced me to a year. Probation and the max

Sentence is a 180 days can they do that.

Related Topics:
2 Lawyer Answers
Mike Cunningham
Mike Cunningham
Answered
  • Criminal Law Lawyer
  • Brookville, IN
  • Licensed in Indiana

A: Under Indiana Code 35-50-3-1(b), a court may place a person on probation "for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor[.]"

Therefore, while you may have been convicted of a Class B Misdemeanor, which typically carries a potential penalty of up to 180 days in jail, the Court, under Indiana Code 35-50-3-1(b), has the authority to sentence you to a full year on probation.

Hope this helps. Good luck!

DISCLAIMER:

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney of your choosing about your particular situation. No attorney-client relationship is established with this communication.

Andrew L. Bennett agrees with this answer

Paul Stanko
PREMIUM
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Your executed sentence cannot exceed 180 days, but you can be placed on probation for up to a year.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.