Facing a felony charge in Indiana can be overwhelming. A felony conviction carries serious consequences that can affect every aspect of your life, from employment opportunities to housing and even your ability to own a firearm. However, Indiana law provides a legal pathway known as Alternative Misdemeanor Sentencing (AMS) that allows certain felony convictions to be reduced to misdemeanors under specific conditions.
Understanding AMS and how it applies to your case is crucial if you or a loved one are facing a Level 6 felony or a Class D felony in Indiana. This blog will break down what AMS is, who qualifies, and how it can impact your future.
What is Alternative Misdemeanor Sentencing (AMS)?
Alternative Misdemeanor Sentencing (AMS) is a legal process that allows eligible individuals convicted of certain felonies to have their convictions reduced to misdemeanors. This can happen at the time of sentencing or after successfully completing a court-ordered sentence.
By reducing a felony to a misdemeanor, AMS helps individuals avoid the long-term consequences of a felony conviction, including:
- Difficulty finding employment, as many employers hesitate to hire individuals with felony records.
- Limited housing options, as landlords often run background checks.
- Loss of civil rights, such as the right to own a firearm
- Damage to personal and professional reputation.
AMS is designed to give individuals a second chance while still ensuring they take responsibility for their actions.
Who Qualifies for AMS?
Not everyone convicted of a felony in Indiana is eligible for AMS. The law strictly limits eligibility to certain low-level felonies.
1. AMS is Only Available for Certain Felonies
AMS applies exclusively to:
- Class D felonies (for offenses committed before July 1, 2014).
- Level 6 felonies (for offenses committed after June 30, 2014).
Class D and Level 6 felonies are the lowest level felonies in Indiana, typically involving non-violent offenses such as theft, possession of a controlled substance, or operating a vehicle while intoxicated (OVWI).
2. Certain Felony Offenses Are NOT Eligible for AMS
Some felony charges are automatically ineligible for AMS, regardless of the circumstances. These include:
- Domestic battery in the presence of a child under 16
- Perjury
- Official misconduct
If you are convicted of any of these offenses, AMS is not an option, and your conviction will remain a felony.
3. Prior AMS Usage Matters
If you have already received AMS for a felony in the past, you cannot receive AMS again for another felony within three years.
For example, if you were convicted of theft (Level 6 felony) in 2022 and received AMS, then later got charged with OVWI (Level 6 felony) in 2024, you would not be eligible for AMS again.
This rule prevents repeat offenders from continuously reducing felony convictions while still giving first-time offenders an opportunity for relief.
How to Obtain AMS: Two Paths to Success
There are two primary ways an individual can obtain AMS:
1. AMS at Sentencing (“Front-End” AMS)
In some cases, a judge can enter a felony conviction as a misdemeanor right at sentencing. This is only possible if the prosecutor agrees as part of a plea deal.
- If the prosecutor agrees to AMS upfront, the conviction is recorded as a misdemeanor immediately upon sentencing.
- This means the defendant never has a felony on their record, provided they meet all the terms of their plea agreement.
Front-end AMS is the fastest way to reduce a felony, but it requires negotiation with the prosecution and is not guaranteed.
2. AMS After Serving a Sentence (“Back-End” AMS)
If AMS is not granted at sentencing, an individual can petition the court to reduce their felony to a misdemeanor after successfully completing their sentence.
To qualify for back-end AMS, you must:
- Complete all terms of your sentence (including probation, community service, or other requirements).
- Have no pending criminal charges.
- Avoid any new felony convictions since completing your sentence.
- Wait at least three years after completing your sentence before applying.
Potential Challenges and Pitfalls of AMS
While AMS provides a great opportunity to remove a felony from your record, there are risks involved:
1. AMS is NOT Automatic
Many people assume that just because they qualify for AMS, they will automatically receive it. This is NOT the case. AMS must be granted by a judge and often requires prosecutor approval.
2. You Must Successfully Complete Your Sentence
If you fail to meet any of the conditions of your sentence (e.g., violating probation, failing a drug test, or committing another crime), you can lose your chance at AMS.
3. AMS Does NOT Expunge Your Record
AMS reduces a felony to a misdemeanor, but it does not erase the conviction from your record. If you want the conviction removed entirely, you must pursue an expungement separately.
How The Marc Lopez Law Firm Can Help
Navigating the criminal justice system in Indiana can be challenging, and AMS cases require experienced legal representation. The Marc Lopez Law Firm has a proven track record of successfully advocating for clients seeking AMS and other forms of felony relief.
Why Choose Us?
- Extensive Criminal Defense Experience – We know Indiana’s laws inside and out.
- Aggressive Legal Representation – We fight to get our clients the best possible outcome.
- Personalized Approach – We understand that every case is unique and will tailor our strategy to your situation.
- Strong Negotiation Skills – We know how to work with prosecutors to secure favorable plea deals that may include AMS.
- Commitment to Our Clients – Our goal is to protect your future and help you move forward with confidence.
Final Thoughts: AMS Can Change Your Future
A felony conviction does not have to define your future. If you qualify for AMS, you have the chance to reduce a felony to a misdemeanor, which can open doors to employment, housing, and other opportunities.
The Marc Lopez Law Firm is here to help you fight for the best possible outcome. If you or a loved one has been charged with a felony, time is critical. to discuss your case and explore your options for Alternative Misdemeanor Sentencing contact The Marc Lopez Law Firm today at 317-632-3642, and remember—always plead the Fifth!
