First 48 Hours After a Level 1 Felony Arrest

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Posted on April 16, 2026
first 48 hours after a level 1 felony arrest

When people across Indiana are facing a level 1 felony in Carmel, the first 48 hours are typically the most crucial time following the arrest. Police investigators may be actively working your case, prosecutors may be considering charging decisions, and courts could quickly move forward on issues like bond, detention, and protective orders.

Level 1 felony charges are some of the most serious accusations we handle short of murder charges, and the first decisions made after an arrest can drastically alter how an Indiana case unfolds in Carmel and throughout Hamilton County.

About The Criminal Defense Team of Baldwin Perry & Wiley, P.C.

The Criminal Defense Team of Baldwin Perry & Wiley, P.C., is a Carmel law firm that exclusively represents clients on criminal defense matters all over the state of Indiana. Our lawyers include five of Indiana’s six Board-Certified Criminal Trial Specialists and more than 100 years of combined criminal defense experience. We bring serious felony litigation experience to every case we accept.

Our attorneys also include a former prosecutor who successfully tried major felony prosecutions and homicide cases. This experience helps our firm better understand how Indiana prosecutors build complex criminal cases.

What Qualifies as a Level 1 Felony in Indiana?

Felony charges are meant for the most serious criminal offenses in Indiana. Level 1 felonies are the most serious in this category. Level 1 felonies usually include allegations of serious violence, substantial bodily injury to another person, or other aggravated criminal activity. Some examples of crimes that can be charged as Level 1 felonies include:

Felony convictions come with harsh penalties in Indiana. Defendants can face decades in prison if convicted of a Level 1 felony. Felony charges also come with the potential for lifetime consequences like employment, housing, and firearm restrictions. Since these charges are so serious, law enforcement typically devotes many resources to investigating them from the start.

The annual rate of violent crime in Lebanon is 1.653 per 1,000 people. The city is less safe than 13% of cities and safer than 87% of cities, placing it in the 87th percentile for safety.

Felony Levels and Penalties

Indiana law breaks felony charges into categories based on their severity. Level 1 felonies are the most serious crime, with the exception of murder.

Indiana Code § 35-50-2-4 states that Level 1 felonies are punishable by 20 to 50 years in prison, with a sentencing advisory of 30 years. Depending on the crime, sentencing enhancements and other connected charges may increase a defendant’s penalty.

Many Level 1 felony arrests also include firearms charges, digital evidence searches, drug arrests, and serious injury accusations. Aggressive prosecutions are common when police arrest someone on a Level 1 felony charge. For this reason, our firm works to prepare the strongest defense for your felony case immediately after your arrest.

The First 48 Hours After an Arrest

Felony investigations start before you even know you’re under investigation. During the first 48 hours after your arrest, law enforcement officers can:

  • Question you about the charges
  • Obtain search warrants.
  • Seize computers and smartphones.
  • Gather forensic evidence.
  • Interview witnesses.
  • Review video surveillance.
  • Seek protective orders.

Prosecutors, meanwhile, are frequently assessing potential charges and advocating for substantial bail or pre-trial detention. Words said to law enforcement officers during the first 48 hours can be used against you later in court. Informal conversations, speculation, or attempts to “explain yourself” can later be used as evidence by police officers or prosecutors.

Defendants may feel pressured to speak with law enforcement as soon as they’re arrested. Protecting your rights at the beginning of a serious felony investigation can make all the difference later on. A Carmel felony attorney can help you.

FAQs

How Serious Is a Level 1 Felony?

Level 1 felonies in Indiana are the next most serious crime after murder. They typically include accusations of violent crimes, large-scale drug trafficking, and severe bodily injury to another person. Sentences for these crimes include decades in prison and tens of thousands of dollars in fines. Even after serving your time, Level 1 felonies can continue to impact your life for years.

Do Judges Take It Easy on First-Time Offenders?

Judges can take into consideration whether or not a person has a criminal history during sentencing. However, just because someone is a first-time offender does not mean they will receive a lenient sentence. This is particularly true when someone is convicted of or pleading to serious felonies. Significant felony charges can lead to considerable jail time for individuals with no previous convictions.

How Much Time Is a Level 1 Felony in Indiana?

In Indiana, a Level 1 felony is punishable by a fixed term sentence of between 20 and 50 years, with an advisory sentence of 30 years. Other sentencing enhancements or additional allegations may apply that could increase the sentence in certain cases. Final sentencing is dependent on criminal history, specific allegations, aggravating circumstances, and mitigating evidence presented at sentencing.

What Is the Most Typical Punishment for a First-Time Felony?

Sentencing for a first felony offense can range from probation or community corrections for lower-level felonies to significant prison time depending on the severity of the crime, facts of the case, and the defendant’s criminal history. Even first-time offenders can face decades in prison for serious felony charges. Typically, a judge will balance aggravating and mitigating factors prior to sentencing.

Hire a Felony Lawyer at The Criminal Defense Team of Baldwin Perry & Wiley, P.C., Today

The Criminal Defense Team of Baldwin Perry & Wiley, P.C., practices solely criminal defense law in the state of Indiana. The team is made up of five of the six Board-Certified Criminal Trial Specialists that the State of Indiana has. This allows our clients to take advantage of one of the most uniquely qualified groups of criminal trial experience and qualifications.

We understand felony laws and can help you understand what to expect in your case. Hire a felony lawyer with us today. Contact The Criminal Defense Team of Baldwin Perry & Wiley, P.C. for your legal needs.

*Andrew Baldwin, Kathy Perry, Kelly Pyle, Maxwell Wiley, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.