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Indiana criminal charge

Attempt in Indiana

Current through 2026 Indiana legislative session

Attempt is a criminal offense under Indiana law, defined by Ind. Code § 35-41-5-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-41-5-1.

What is the penalty for attempt in Indiana?

Penalties for Attempt
PenaltyRangeBasisAuthority
Jail / prison20 years to 40 years (Attempted murder — An attempt to commit murder is classified as a Level 1 felony.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c)))presumptiveInd. Code § 35-50-2-4
Fineup to $10,000 (Attempted murder — An attempt to commit murder is classified as a Level 1 felony.)discretionaryInd. Code § 35-50-2-4

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is attempt classified in Indiana?

The classification depends on the circumstances:

Classification variants for Attempt
VariantClassificationWhen it appliesStatute
Attempted murderLevel 1 FelonyAn attempt to commit murder is classified as a Level 1 felony.Ind. Code § 35-41-5-1(a)

Common questions about attempt in Indiana

Is attempt a felony or a misdemeanor in Indiana?

Attempt is a Level 1 Felony in Indiana under Ind. Code § 35-41-5-1.

Attempted murder: Level 1 Felony (Ind. Code § 35-41-5-1(a))

What are the penalties for attempt in Indiana?

Penalties for attempt in Indiana depend on how it is classified — from a Level 1 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-4; the full table of ranges by variant is published on this page.

Which Indiana statute covers attempt?

Attempt is governed by Ind. Code § 35-41-5-1 (Attempt).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.