Indiana criminal charge
Robbery in Indiana
Robbery is a criminal offense under Indiana law, defined by Ind. Code § 35-42-5-1. 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 § 35-42-5-1.
What is the penalty for robbery in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Robbery — base offense — A person knowingly or intentionally takes property from another person or from their presence by force, threat of force, or by putting a person in fear.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Robbery — base offense — A person knowingly or intentionally takes property from another person or from their presence by force, threat of force, or by putting a person in fear.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Robbery — armed with deadly weapon or bodily injury — The base robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Robbery — armed with deadly weapon or bodily injury — The base robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Robbery — serious bodily injury — The base robbery results in serious bodily injury to a person other than the defendant.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Robbery — serious bodily injury — The base robbery results in serious bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 2 years to 12 years (Robbery of a pharmacy — base offense — A person knowingly or intentionally takes a controlled substance from a pharmacist or pharmacy by force, threat of force, or by putting a person in fear.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Robbery of a pharmacy — base offense — A person knowingly or intentionally takes a controlled substance from a pharmacist or pharmacy by force, threat of force, or by putting a person in fear.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 10 years to 30 years (Robbery of a pharmacy — armed with deadly weapon or bodily injury — The pharmacy robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Robbery of a pharmacy — armed with deadly weapon or bodily injury — The pharmacy robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 20 years to 40 years (Robbery of a pharmacy — serious bodily injury — The pharmacy robbery results in serious bodily injury to a person other than the defendant.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Robbery of a pharmacy — serious bodily injury — The pharmacy robbery results in serious bodily injury to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-4 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is robbery classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Robbery — base offense | Level 5 Felony | A person knowingly or intentionally takes property from another person or from their presence by force, threat of force, or by putting a person in fear. | Ind. Code § 35-42-5-1(a) |
| Robbery — armed with deadly weapon or bodily injury | Level 3 Felony | The base robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant. | Ind. Code § 35-42-5-1(a) |
| Robbery — serious bodily injury | Level 2 Felony | The base robbery results in serious bodily injury to a person other than the defendant. | Ind. Code § 35-42-5-1(a) |
| Robbery of a pharmacy — base offense | Level 4 Felony | A person knowingly or intentionally takes a controlled substance from a pharmacist or pharmacy by force, threat of force, or by putting a person in fear. | Ind. Code § 35-42-5-1(b) |
| Robbery of a pharmacy — armed with deadly weapon or bodily injury | Level 2 Felony | The pharmacy robbery is committed while armed with a deadly weapon or results in bodily injury to a person other than the defendant. | Ind. Code § 35-42-5-1(b) |
| Robbery of a pharmacy — serious bodily injury | Level 1 Felony | The pharmacy robbery results in serious bodily injury to a person other than the defendant. | Ind. Code § 35-42-5-1(b) |
Common questions about robbery in Indiana
Is robbery a felony or a misdemeanor in Indiana?
It depends on the circumstances: robbery ranges from a Level 5 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-5-1.
Robbery — base offense: Level 5 Felony (Ind. Code § 35-42-5-1(a)) · Robbery — armed with deadly weapon or bodily injury: Level 3 Felony (Ind. Code § 35-42-5-1(a)) · Robbery — serious bodily injury: Level 2 Felony (Ind. Code § 35-42-5-1(a)) · Robbery of a pharmacy — base offense: Level 4 Felony (Ind. Code § 35-42-5-1(b)) · Robbery of a pharmacy — armed with deadly weapon or bodily injury: Level 2 Felony (Ind. Code § 35-42-5-1(b)) · Robbery of a pharmacy — serious bodily injury: Level 1 Felony (Ind. Code § 35-42-5-1(b))
What are the penalties for robbery in Indiana?
Penalties for robbery in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-4.5, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers robbery?
Robbery is governed by Ind. Code § 35-42-5-1 (Robbery).
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.