You were charged with theft, but what does that mean? In Indiana, theft charges mean you knowingly or intentionally used unauthorized control over another party’s property, with the intent to deprive them of its use or value. Theft may include carrying away, taking, concealing, or possessing property without the owner’s permission.
The severity of theft charges depends on the property’s value and other factors. Always retain an experienced criminal defense lawyer when charged with theft. The proven Indiana criminal defense attorneys at Gemma & Karimi have an impressive record of charge dismissals, reductions, and not guilty verdicts in property crimes. Contact our criminal defense lawyers immediately for a free consultation at (317) 602-5970.
Understanding Indiana Theft Laws
Theft laws in the state are written to deter crime with increasing penalties and rules to compensate crime victims. Indiana’s theft laws are listed in Indiana Code 35-43-4-2. Theft means allegedly using unauthorized control over another person’s property with the intent to take it and deprive it of its use and value. For items under $750, theft is a class A misdemeanor, with a possible penalty of one year in jail and a maximum $5,000 fine.
If the property’s value is over $750 and below $50,000, the charge is a Level 6 felony. Theft is a Level 5 felony if the item taken is worth more than $50,000. The value of the property stolen is usually determined by its fair market value at the time it was taken. If fair market value cannot be determined, its replacement cost will be used.
Jail or prison time is possible if you are convicted of theft. The sentence depends on the property value, your criminal history, whether a motor vehicle was involved, or if the crime involved certain circumstances, such as stealing steel, copper, or aluminum from a healthcare or utility facility.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Types of Theft in Indiana
Several related theft crimes are prosecuted under Indiana Code 35-43-4-2; no separate statute exists. The accused can be charged with either a misdemeanor or a felony, depending on the property value and other factors. They include:
- Shoplifting: Taking retail goods from a store without paying for them. For example, you allegedly took a pair of jeans from a clothing store without paying.
- Embezzlement: Stealing money or property from an employer or organization. For example, a cashier pocketed money from the grocery store register.
- Theft by deception: Intentionally taking over property with deceptive means, intending to deprive the property owner. This crime overlaps with fraud, mainly when the deception includes trickery to take property. For example, someone sold fake tickets, or scammed a homeowner by promising a service and vanished after taking the money.
- Theft of critical infrastructure facility: This crime occurs when the stolen property is a valuable metal, such as steel or copper, taken from a critical facility, such as a power station or hospital.
- Theft related to transportation safety: Stealing property pertaining to transportation safety, such as a vehicle or equipment.
Penalties for Theft in Indiana
Theft penalties in Indiana depend on the property value, property type, crime circumstances, and the person’s criminal history:
- Class A misdemeanor theft (under $750): Up to 1 year in jail and fines of up to $5,000.
- Level 6 felony theft (more than $750, but under $50,000): Six months to 2.5 years in prison and fines of up to $10,000. Stealing a car or part is a Level 6 felony in Indiana.
- Level 5 felony theft (more than $50,000): One to six years in state prison and up to $10,000 fine. Stealing valuable metal from vital infrastructure is a Level 5 felony.
An experienced Indianapolis criminal defense lawyer will aggressively contest the charges and attempt to have them reduced or dismissed.
Collateral Consequences of Theft Charges
A theft conviction in Indiana has additional consequences. First, you may be required to pay the victim restitution for the property value or repair costs. Probation can run from one to two years instead of or after prison.
Also, a theft conviction, even for a Class A misdemeanor, gives you a permanent criminal record that may limit job and housing prospects. Theft arrests and convictions show up on most background checks.
If you were convicted of shoplifting, the retailer can sue you for $300 or up to three times the property value, plus legal fees, even if you were not charged with a crime.
A theft conviction also may result in losing your professional license, such as a commercial driver’s license (CDL). For these reasons, it is worth the money to retain a skilled criminal defense lawyer to defend you against theft charges vigorously.
Defending Against Theft Charges
Theft charges are serious. However, the prosecutor must prove you committed the theft offense beyond a reasonable doubt, which is a high bar. A skilled theft crime attorney can help you navigate the legal process and build a strong defense.
Your Indiana theft crime attorney will review the arrest circumstances, examine evidence, and devise a defense that minimizes the consequences. Also, a skilled theft crime attorney can review the circumstances of the arrest, analyze evidence, and craft a defense theory tailored to your interests and goals.
They may recommend negotiating a plea deal with the prosecutor or going to trial. Gemma and Karimi have attorneys who were once prosecutors, so they understand the legal nuances and what the best possible outcome is for your specific situation.
Why Hire a Theft Lawyer in Indiana
Indiana courts focus on control and intent when it comes to theft crimes. So, attacking these elements often leads to the best results for the accused. Your criminal defense lawyer can utilize various vigorous defenses, depending on the situation:
- Lack of intent: A criminal conviction requires proving intent. You might argue that you accidentally took the property, planned to return it, or that there was a misunderstanding. For instance, borrowing a lawnmower without asking but planning to return it could be a conversion crime, less severe than theft.
- Authorization or consent: You had the owner’s permission to use or take the property. No unauthorized control exists if the owner consented. For instance, your friend said you could take their scooter, but claimed theft when you had a subsequent argument.
- Mistake of fact: You thought the property was yours or abandoned. For example, you took a coat from a coat rack, thinking it was yours because it looked the same as your coat.
- Insufficient evidence: The prosecutors cannot prove you took the property with the intent to steal. They must show you had control over the property, such as fingerprints, video, or witness testimony. For example, a shoplifting charge might be dismissed if video footage is unclear.
- Duress or necessity: You had to steal the property to avoid harm. For example, stealing food after a hurricane could be defended as necessary to prevent starvation.
- Entrapment: The police induced you to commit the crime. An example is if an undercover officer encourages you to steal something from a store, and you agree after being asked to several times.
Contacting a Theft Lawyer in Indiana
Were you recently charged with theft in Indiana? You face at least a year in jail, and potentially much more. Further, you could receive thousands in fines, probation, and be stuck with a permanent criminal record that wrecks your future. You need an experienced, aggressive criminal defense attorney to protect your rights and build a rigorous defense.
The potentially disastrous penalties mean retaining an aggressive theft attorney in Indiana is critical. Gemma & Karimi have over 25 years of combined trial experience defending clients against property crimes, including shoplifting and theft. Our law firm has developed an excellent record of case dismissals, charge reductions, and not guilty verdicts. Contact us at (317) 602-5970 for an immediate, free consultation.
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