Lexington, IN asked in Criminal Law for Indiana

Q: Am I a serious violent felon if I had a D felony for possion of precursor with intent to manufacture methinphanie

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1 Lawyer Answer
Andrew L. Bennett
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Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC 35-42-2-1 ) as a:

(A) Class A felony, Class B felony, or Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony, for a crime committed after June 30, 2014;

(5) domestic battery ( IC 35-42-2-1.3 ) as a Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony;

(6) aggravated battery ( IC 35-42-2-1.5 );

(7) kidnapping ( IC 35-42-3-2 );

(8) criminal confinement ( IC 35-42-3-3 );

(9) rape ( IC 35-42-4-1 );

(10) criminal deviate conduct ( IC 35-42-4-2 ) (before its repeal);

(11) child molesting ( IC 35-42-4-3 );

(12) sexual battery ( IC 35-42-4-8 ) as a:

(A) Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(13) robbery ( IC 35-42-5-1 );

(14) carjacking (IC 5-42-5-2) (before its repeal);

(15) arson ( IC 35-43-1-1(a) ) as a:

(A) Class A felony or Class B felony, for a crime committed before July 1, 2014;  or

(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;

(16) burglary ( IC 35-43-2-1 ) as a:

(A) Class A felony or Class B felony, for a crime committed before July 1, 2014;  or

(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;

(17) assisting a criminal ( IC 35-44.1-2-5 ) as a:

(A) Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(18) resisting law enforcement ( IC 35-44.1-3-1 ) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a crime committed after June 30, 2014;

(19) escape ( IC 35-44.1-3-4 ) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;

(20) trafficking with an inmate ( IC 35-44.1-3-5 ) as a:

(A) Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(21) criminal organization intimidation ( IC 35-45-9-4 );

(22) stalking ( IC 35-45-10-5 ) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014;  or

(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;

(23) incest ( IC 35-46-1-3 );

(24) dealing in or manufacturing cocaine or a narcotic drug ( IC 35-48-4-1 );

(25) dealing in methamphetamine ( IC 35-48-4-1.1 ) or manufacturing methamphetamine ( IC 35-48-4-1.2 );

(26) dealing in a schedule I, II, or III controlled substance ( IC 35-48-4-2 );

(27) dealing in a schedule IV controlled substance ( IC 35-48-4-3 );

(28) dealing in a schedule V controlled substance ( IC 35-48-4-4 );  or

(29) dealing in a controlled substance resulting in death ( IC 35-42-1-1.5 ).

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