If you are facing a Level 6 felony drug charge in Indiana, the question on your mind is likely the same as most people in your situation: Does this have to stay a felony?
In many cases, the answer is no. However, the outcome depends heavily on the facts of your case, your criminal history and how early you take action.
What Indiana law allows
Under Indiana Code, a court has the discretion to enter a judgment of conviction as a Class A misdemeanor rather than a Level 6 felony at sentencing. This is sometimes called a “wobbler” provision, meaning the charge can go either way depending on the circumstances of your case, your criminal history and how the case is handled.
Among Indiana’s felony classifications, Level 6 sits at the lowest tier, with a possible prison term ranging from six months to two and a half years. On the other hand, a Class A misdemeanor carries a maximum of one year in jail.
However, the real difference between a misdemeanor and a felony shows up later. A felony conviction can cost you a job opportunity, a professional license, or even a rental application in ways that a misdemeanor generally would not.
Diversion and drug court as alternatives
A reduction to a misdemeanor is not the only way to protect your record. For some people facing a Level 6 drug charge, pretrial diversion or drug court may offer an even better outcome.
Indiana’s pretrial diversion programs allow eligible defendants, typically those with little or no prior record, to have their charges dismissed after completing a set of requirements such as counseling, drug screening or community service.
Indiana also has Court Alcohol and Drug Programs operating across the state, offering treatment-focused alternatives for those with substance use issues. In both cases, successful completion means the felony charge does not result in a conviction on your record.
Eligibility and availability vary by county and prosecutor, so what is available in one county may differ from Hamilton or Hendricks County.
What affects your chances of reducing a charge
Every case is different. The outcome depends on your record, the details of the charge, and whether the stop or search was lawful. A Level 6 felony drug charge is serious, but knowing your options early can give you a stronger chance at a favorable result.