How do I Reduce a Felony to a Misdemeanor &
Alternate Misdemeanor Sentencing

How do I Reduce a Felony to a Misdemeanor & Alternate Misdemeanor Sentencing by Indiana Criminal Lawyer Jeff Cardella

If you have questions about reducing a felony to a misdemeanor (Alternate Misdemeanor Sentencing) in Indiana, and are in need of a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation.
I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience, and taught criminal law at the IU School of Law. I have personally handled thousands of alternate misdemeanor sentencing cases and understand the devastating impact a felony conviction can have on a person’s life. Convicted felons face serious employment barriers, often struggling to find jobs or settling for lower-paying positions. A felony conviction also carries a significant social stigma, leading to psychological challenges and personal strain. It can create difficulties in obtaining housing due to landlord screenings and restrictions on public housing. Additionally, a felony conviction affects legal rights, such as the right to possess a firearm and voting rights. Convicted felons may also be ineligible for financial aid, credit cards, certain loans, and government benefits. My primary goal in every case is an acquittal on all counts. However, when this cannot be achieved, my secondary goal is to resolve the case without a felony conviction. I understand the seriousness of a felony conviction and will work hard to prevent your case from ending as a felony.

What is Alternate Misdemeanor Sentencing?

Alternative Misdemeanor Sentencing is a legal process in Indiana that allows a Court to convert certain low-level felony convictions (Class D or Level 6 felonies) into a Class A misdemeanor. This can be done at the time of sentencing or after the sentence is completed and may depend on the defendant’s good behavior and meeting specific court-ordered requirements. The purpose is to provide a path for offenders to avoid the long-term consequences of a felony conviction, such as issues with employment and housing. Alternative Misdemeanor Sentencing is allowed under Indiana law in IC § 35-50-2-7 and IC § 35-38-1-1.5, which you can read in their full text below.

Alternate Misdemeanor Sentencing is normally brought up at the time of sentencing. However, Alternate Misdemeanor Sentencing can still be requested at a later point in time.

Alternate Misdemeanor Sentencing at the Front

Alternate Misdemeanor Sentencing can sometimes be ordered “at the front” which means that on the day of sentencing, the conviction will go on the defendant’s record as a misdemeanor. When possible, it is clearly advantageous to receive Alternate Misdemeanor Sentencing at the front. First, if the defendant violates the sentence the conviction will often remain a misdemeanor. Second, Alternate Misdemeanor Sentencing at the front makes employment easier as there is no waiting period during which the conviction will appear as a felony. However, Alternate Misdemeanor Sentencing at the front is not always possible.

Alternate Misdemeanor Sentencing at the Back

Alternate Misdemeanor Sentencing is often ordered “at the back” which means that on the day of sentencing, the conviction will go on the defendant’s record as a felony. If certain conditions are met (generally successful completion of probation) the Defendant may petition to have the felony reduced to a misdemeanor.

In some plea agreements, the defendant is guaranteed the right to actually receive Alternate Misdemeanor Sentencing at the back. For example, a plea agreement might state “Defendant shall receive Alternate Misdemeanor Sentencing upon successful completion of all terms and payment of all fees.”

In other plea agreements, the defendant is merely guaranteed the right to ask for Alternate Misdemeanor Sentencing. For example, a plea agreement might state: “Defendant may petition for Alternate Misdemeanor Sentencing upon successful completion of all terms and payment of all fees.”

Courts and prosecutors often prefer Alternate Misdemeanor Sentencing at the back, because it gives the Defendant an incentive to successfully complete the terms of probation. In other words, the Defendant gets a reward for staying clean. The downside of Alternate Misdemeanor Sentencing at the back is that your conviction will appear as a felony and you will legally be a convicted felon until the felony is reduced.

Alternate Misdemeanor Sentencing at a Later Point in Time

Alternate Misdemeanor Sentencing is normally negotiated as part of a plea agreement. However, there are certain cases where Alternate Misdemeanor Sentencing is not part of the plea agreement. For example, if a case went to trial or was resolved through an open plea, there would be no plea agreement. Alternatively, if someone uses a low quality attorney or public defender, Alternate Misdemeanor Sentencing might have merely been overlooked. If there is no plea agreement, or there is no mention of Alternate Misdemeanor Sentencing in the plea agreement, you can generally petition for reduction to a misdemeanor three years from the date of conviction.

Frequently Asked Questions About Felony Reduction

  • Can a felony be reduced to a misdemeanor in Indiana?
    Yes, under IC § 35-38-1-1.5, Class D or Level 6 felonies can be reduced to a Class A misdemeanor with Alternate Misdemeanor Sentencing, if eligible.
  • Can major felonies be reduced to a misdemeanor in Indiana?
    No, Alternate Misdemeanor Sentencing is for low level felonies.
  • What is Alternate Misdemeanor Sentencing (AMS)?
    Alternate Misdemeanor Sentencing allows eligible felonies to be converted to misdemeanors, reducing long-term consequences.
  • Which felonies qualify for Alternate Misdemeanor Sentencing?
    Non-violent, non-sex offense Class D (pre-2014) or Level 6 felonies, such as theft or drug possession, are eligible.
  • What factors influence felony reduction?
    Courts consider the offense type, sentence completion, three years of law-abiding behavior, no pending charges, and prosecutorial consent.
  • Can Alternate Misdemeanor Sentencing be requested after sentencing?
    Yes, a verified petition can be filed post-sentence, meeting criteria like three years without new offenses.
  • What are the benefits of felony reduction?
    Improved job and housing prospects, restored voting rights, and potential firearm rights reinstatement.
  • Does Alternate Misdemeanor Sentencing restore gun rights?
    It may, depending on the offense and court terms. I can assess your case for clarity.
  • What happens if I violate probation with Alternate Misdemeanor Sentencing?
    “At the back” Alternate Misdemeanor Sentencing may remain a felony while “at the front” typically remains a misdemeanor.
  • Can a reduced misdemeanor be expunged?
    Yes, under Indiana’s Second Chance Law, most Class A misdemeanors may be expunged.
  • Who is eligible for Alternate Misdemeanor Sentencing?
    Defendants with eligible felonies, no violent/sex offense history, and who meet court conditions.
  • How does Alternate Misdemeanor Sentencing differ from expungement?
    Alternate Misdemeanor Sentencing reduces the conviction level; expungement seals or removes it from public records.
  • Can a felony reduction be reversed?
    Yes, a new felony within five years may lead to a prosecutor petitioning to restore the felony.

Full text of IC § 35-50-2-7 and IC § 35-38-1-1.5

IC § 35-38-1-1.5 Converting Level 6 Felony to Class A Misdemeanor

(a) A court may enter judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to 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 Class A misdemeanor only if the person pleads guilty to a Level 6 felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:

(1) The prosecuting attorney consents.

(2) The person agrees to the conditions set by the court.

(b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).

(c) 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:

(1) the person has violated a condition set by the court under subsection (a); or

(2) the period that the conditions set by the court under subsection (a) 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 under subsection (a) expire.

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

(e) 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.

(f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.

IC § 35-50-2-7 Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor

(a) A person who commits a Class D felony (for a crime committed before July 1, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if:

(1) the court finds that:

(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and

(B) the prior felony was committed less than three (3) years before the second felony was committed;

(2) the offense is domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3; or

(3) the offense is possession of child pornography (IC 35-42-4-4(c)).

The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.

(d) Notwithstanding subsections (a) and (b), the sentencing court may convert a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014) to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (e) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings:

(1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).

(2) The person was not convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily injury to another person.

(3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).

(4) At least three (3) years have passed since the person:

(A) completed the person’s sentence; and

(B) satisfied any other obligation imposed on the person as part of the sentence;

for the Class D or Level 6 felony.

(5) The person has not been convicted of a felony since the person:

(A) completed the person’s sentence; and

(B) satisfied any other obligation imposed on the person as part of the sentence;

for the Class D or Level 6 felony.

(6) No criminal charges are pending against the person.

(e) A petition filed under subsection (d) or (f) must be verified and set forth:

(1) the crime the person has been convicted of;

(2) the date of the conviction;

(3) the date the person completed the person’s sentence;

(4) any obligations imposed on the person as part of the sentence;

(5) the date the obligations were satisfied; and

(6) a verified statement that there are no criminal charges pending against the person.

(f) If a person whose Class D or Level 6 felony conviction has been converted to a Class A misdemeanor conviction under subsection (d) is convicted of a felony not later than five (5) years after the conversion under subsection (d), a prosecuting attorney may petition a court to convert the person’s Class A misdemeanor conviction back to a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014).

Contact My Office for a Free Consultation

If you are interested in reducing a felony conviction to a misdemeanor, call me for a free consultation to discuss your case.

Phone: 317-695-7700

Email: jeffcardella@cardellalawoffice.com

Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204


I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:

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