Wichita Bail Bonds Blog

A Level 5 felony is a mid-level felony offense used in states like Kansas and Indiana to classify crimes by severity. It sits in the middle of the felony scale, more serious than Level 6 felonies but less severe than Level 4 or higher-level felonies. These crimes often involve harm to others, property damage, or repeated criminal behavior. A conviction can result in years of imprisonment, high fines, and long-term consequences for employment and civil rights.

Definition Of A Level 5 Felony

Felonies are divided into levels or classes to distinguish their seriousness. A Level 5 felony indicates a moderate but still serious crime. Each state sets its own penalties and examples, but all Level 5 felonies are punishable by more than one year in prison.

• Mid-level severity – Falls in the middle of the felony classification chart.
• Potential prison time – Usually between 2 and 10 years, depending on state law.
• Fine range – Often up to $10,000 or more, based on the case and jurisdiction.

Examples Of Level 5 Felonies

The specific crimes that qualify as Level 5 felonies vary by state. They usually include acts that cause harm or risk to others but are not considered the most extreme offenses.

• Battery causing serious injury – Assault resulting in major physical harm.
• Burglary of a dwelling – Breaking into an occupied home or building.
• Identity theft – Using another person’s information for financial gain.
• Sexual misconduct with a minor – Certain sexual offenses are not classified as rape.
• Repeat drug possession – Second or subsequent controlled substance offenses.

Penalties For A Level 5 Felony

Conviction of a Level 5 felony carries serious punishment, including imprisonment, fines, and probation. Judges often consider prior convictions, the nature of the offense, and the defendant’s cooperation during sentencing.

• Prison sentence – Commonly ranges from 2 to 10 years.
• Fines – Can reach up to $10,000 depending on the offense.
• Probation – Some non-violent offenders may receive probation instead of full imprisonment.
• Restitution – Defendants may be ordered to repay victims for damages or losses.

Collateral Consequences

Beyond imprisonment and fines, a Level 5 felony conviction affects multiple areas of life. It creates a permanent criminal record and restricts rights that many people take for granted.

• Loss of firearm rights – Convicted felons cannot legally own or possess firearms.
• Employment barriers – Many employers hesitate to hire applicants with felony records.
• Voting restrictions – Some states temporarily remove voting rights during incarceration or probation.
• Housing difficulties – Private landlords often deny housing to felons.

How A Level 5 Felony Differs From Other Levels

Felony levels define punishment severity. A Level 5 felony is more serious than lower levels but not as severe as higher classifications. This scale helps courts apply consistent penalties across similar cases.

• Level 1 or 2 felonies – The most severe, often involving murder or violent crimes, with decades-long sentences.
• Level 3 or 4 felonies – Serious offenses like armed robbery or aggravated battery.
• Level 5 felonies – Mid-range crimes involving moderate harm or risk.
• Level 6 felonies – The least serious, sometimes eligible for misdemeanor reduction.

Reducing Or Expunging A Level 5 Felony

Some states allow the reduction or expungement of a Level 5 felony under specific conditions. Non-violent offenders with clean post-sentence records may petition the court for relief after a waiting period.

• Sentence completion – Must serve all prison, probation, and restitution terms first.
• No repeat offenses – Maintaining a clean record helps qualify for expungement.
• Petition process – Filing through an attorney or directly with the court begins the review process.