Indiana criminal charge
Use of overpressure device in Indiana
Use of overpressure device is a criminal offense under Indiana law, defined by Ind. Code § 35-47.5-5-9. 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 § 35-47.5-5-9.
What is the penalty for use of overpressure device in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Use of overpressure device - base offense — Applies when a person knowingly or intentionally uses an overpressure device, with no prior related conviction.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Use of overpressure device - base offense — Applies when a person knowingly or intentionally uses an overpressure device, with no prior related conviction.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Use of overpressure device - prior conviction — Applies when the person has a prior unrelated conviction for an offense under this same section.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Use of overpressure device - prior conviction — Applies when the person has a prior unrelated conviction for an offense under this same section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is use of overpressure device classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Use of overpressure device - base offense | Class A Misdemeanor | Applies when a person knowingly or intentionally uses an overpressure device, with no prior related conviction. | Ind. Code § 35-47.5-5-9undefined |
| Use of overpressure device - prior conviction | Level 6 Felony | Applies when the person has a prior unrelated conviction for an offense under this same section. | Ind. Code § 35-47.5-5-9undefined |
Common questions about use of overpressure device in Indiana
Is use of overpressure device a felony or a misdemeanor in Indiana?
It depends on the circumstances: use of overpressure device ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-47.5-5-9.
Use of overpressure device - base offense: Class A Misdemeanor (Ind. Code § 35-47.5-5-9) · Use of overpressure device - prior conviction: Level 6 Felony (Ind. Code § 35-47.5-5-9)
What are the penalties for use of overpressure device in Indiana?
Which Indiana statute covers use of overpressure device?
Use of overpressure device is governed by Ind. Code § 35-47.5-5-9 (Use of overpressure device).
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.