Indiana Theft Defense Lawyer
Facing theft charges can be a daunting and overwhelming experience. The potential consequences may impact your life for years to come. Anytime that someone is facing legal uncertainty, the benefits of having a skilled and experienced Indiana theft defense lawyer by your side can make all the difference in the outcome.
At the law office of Zentz Law, we bring our best to every case. The nuances of theft law require a specific set of skills and knowledge, which we have gathered through our years of providing criminal defense services to our clients. We want to introduce ourselves to you and help you make the best decision about seeking legal defense against criminal theft accusations in Indiana. Call 317-220-6056.
About Zentz Law
Founded in 1997, our law firm believes in the importance of providing honest and compassionate advocacy for Hoosiers facing difficult legal realities. We focus on both family law and criminal defense, offering our services to Marion County and the surrounding areas.
Matt Zentz came from a humble background. He went to law school later in their life, and today brings his diverse life experiences to work. Our team understands that when someone is charged with a criminal offense, is facing criminal charges, or is worried about being accused of a crime, our role is to provide thorough, supportive, and exceptional legal services throughout the criminal justice process, which may include:
- Allegations
- Arrest
- Prosecution
- Court appearances
- Conviction
- Post-trial issues
- Appeals
If you find yourself facing potential charges of theft crime, contact Zentz Law to come to your defense. Our Indianapolis theft attorneys are ready to help.
What Can Your Criminal Defense Attorney Do for You?
You don’t have to rely on a public defender, who is likely overwhelmed with a huge caseload. Rather, you should choose an experienced defense attorney who can give you the personalized attention you need.
Attorneys who specialize in criminal defense go to law school to learn how to represent clients just like you: clients who are worried about their future, struggling to know what to do next, and need representation from someone who understands them.
An Indiana theft defense attorney can:
- Conduct a thorough review of the evidence against the defendant
- Investigate the circumstances surrounding the alleged theft
- Challenge the legality of searches and seizures
- Evaluate the credibility of witnesses and evidence presented by the prosecution
- Negotiate with the prosecution for a favorable plea deal, if applicable
- Develop and present a strong defense strategy tailored to your specific case
- Represent the defendant during court proceedings, including arraignment, hearings, and trial
- Cross-examine prosecution witnesses to uncover inconsistencies or weaknesses
- Advocate for the suppression of any evidence that was obtained through illegal means
- Explore alternative resolutions, such as diversion programs or restitution
- Stay updated on relevant laws and precedents
- Provide legal advice on potential consequences and options for the defendant
- File motions to dismiss charges or reduce sentencing based on legal arguments
- Present mitigating factors to influence sentencing outcomes
- Appeal the case if necessary
Understanding Theft in Indiana
When you think of Indiana theft charges, you may initially think about a person taking property without an owner’s permission. However, any action to take unauthorized control over property can be categorized as theft, including any action taken with the intent to deprive someone of their property through illegal means.
Even receiving stolen property can lead to a theft conviction in Indiana, as well as selling something by giving the false impression that it works.
Indiana defines theft offenses in the state code. Specifically, Indiana Code 35-43-4-2 defines criminal theft as: “knowingly or intentionally exerting unauthorized control over the property of another person, with the intent to deprive the other person of any part of its value or use.”
What does it mean when a person “intentionally exerts unauthorized control” over a piece of property? In Indiana Code 35-43-4-1, the state defines this as to “obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property; or to secure, transfer, or extend a right to property.”
The law also makes it clear that no one is permitted to exert control over another person’s property without their consent to use it in a way that they have also not consented to.
Examples of Theft Crimes in Indiana
Each of the following would be considered a theft offense in Indiana:
- Taking an owner’s property without their consent
- Intentionally damaging someone’s property
- Taking an owner’s property and using it in a way that is different from the purpose they consented to
- Not disclosing a lien or encumbrance when selling a piece of property
- Falsely impersonating a property owner
- When selling a piece of property or selling a service, making promises about the performance or capabilities of those properties or services that cannot or will not be performed (AKA: false impression)
- Transferring recordings of performances without permission from the performer (live or pre-recorded)
Indiana theft crimes include:
- Theft
- Shoplifting
- Felony theft
- Grand theft
- Auto theft
- Embezzlement
- Receiving stolen property
- Misdemeanor theft
- Writing a bad check
- Petty theft
- Credit card theft
- Conversion
Different Classifications of Theft Offenses in Indiana
Indiana theft offenses are categorized into different classifications, and this varies from state to state.
Misdemeanor Theft
Indiana defines theft of property that is valued at less than $750 to be a Class A Misdemeanor. The value of the property is determined by the fair market value of the property at the time and place that the theft occurred. The most straightforward property to determine the value of is stolen money. However, it
The most common method of determining the value of the property is to look at what it was sold for at the time of the theft. However, not everything stolen has a price tag on it. For example, when someone takes personal property that hasn’t been sold or purchased in a long time, it may be more of a challenge to determine the value.
If the exact market value cannot be determined, the fair market value of the property will be determined by looking at what it would have cost to replace the property within a reasonable time frame after the incident.
Can a person be charged with felony theft for property worth less than $750?
Yes, they can. A person can face a Level 6 felony theft charge if the property was valued at under $750 but the defendant has a prior, unrelated conviction for one of the following crimes:
- Theft
- Criminal Conversion
- Robbery
- Burglary
A person with a history of multiple thefts will face harsher penalties for theft.
Felony Theft
Felonies used to be categorized as a Class A-Class D felony. However, classes were replaced by levels. A felony theft charge in Indiana is sometimes called “Grand theft.”
Today, to be classified as a Level 6 felony offense in Indiana, the value of the stolen property involved must exceed $750 but be less than $50,000.
A Level 5 felony charge can be brought against a defendant if:
- the value of the stolen property exceeds $50,000
- the item stolen is a firearm
- valuable metals were stolen
- the theft related to transportation safety or public safety
- the theft involved stolen property from a hospital, healthcare provider, health care facility, public utility, or other critical infrastructure facility
- a car or other motor vehicle was stolen, or a component of a motor vehicle was taken (auto theft)
Additionally, if the defendant has an unrelated, prior conviction for auto theft (theft of either a motor vehicle or a component of a motor vehicle). In some cases, receiving stolen property can lead to Level 5 felony charges.
Understanding Other Theft-Related Charges
Sometimes, in conversations outside of the legal system, people mix up terms like theft, burglary, robbery, and conversion. Although these are all related to the idea of taking something that is not within a person’s rights to take, there are some important differences. One may be charged with one or more of the following. That said, there is also a lot of overlap. For example, theft and conversion laws are closely related.
Here are some simplified legal definitions of these terms.
Burglary
Under Indiana law, burglary involves the unlawful entry into a building or structure with the intent to commit a felony or theft within its confines. The
Burglary is distinct from theft in that it focuses on the act of breaking and entering with the intent to commit additional criminal acts, elevating the offense to a more serious category.
Robbery
Robbery in Indiana entails the use of force, intimidation, or threats to seize another person’s property. Theft, on the other hand, theft occurs when someone takes property without a direct confrontation, but robbery involves a confrontational element. That’s why robbery is more than just a crime against a person’s property rights; it is also a crime against their person.
This offense carries heightened legal consequences due to the violent or coercive nature of the act, reflecting the state’s commitment to protecting individuals from physical harm during property-related crimes.
Conversion
Conversion refers to the unauthorized assumption or control of another individual’s property with the intention to interfere with the owner’s right to use or possess it. Unlike theft, conversion may not involve an initial wrongful taking, focusing instead on the wrongful retention or use of the property.
This distinction makes conversion a unique legal concept that centers on the interference with property rights, allowing for legal actions even when the property was not wrongfully obtained initially. Understanding the nuances of conversion is essential for those facing such charges in the state.
Indiana’s Sentencing Guidelines for Theft Crimes
Theft in Indiana has the potential for different penalties, dependent upon the specifics of the theft case. A Class A Misdemeanor theft conviction can be punishable by up to a year in prison and a $5,000 fine.
If you face theft charges that are categorized as a Level 6 felony, you risk a sentence of up to 2.5 years in prison and a $10,000 fine.
For a level 5 felony, defendants may be sentenced to up to 6 years in prison and up to $10,000 in fines.
Additional Issues After a Theft Conviction
In addition to these fines and a potential prison sentence, it is important to understand the serious consequences of theft crime.
- Permanent entries on your criminal record
- A civil lawsuit from the rightful owner
- Revocation of an immigration visa
- Revocation of any professional license you may hold
The Importance of Building a Strong Defense Against Theft Charges
if you have been charged with theft or are facing possible theft charges, it is crucial to work with a theft lawyer who can present a strong defense to the theft offense charges. A theft conviction can have a significant impact on your life and your prospects–a theft attorney can help protect your future and keep you from getting a criminal record!
The primary job of a theft attorney is to build a strong defense case against the charges you are facing, no matter what kind of charges they may be. To be convicted, the prosecution must prove beyond a reasonable doubt that you knowingly or intentionally committed the act of theft. To defend theft charges, your theft attorney will build a strong case on your behalf.
What is alternative misdemeanor sentencing?
Indiana code allows for alternative misdemeanor sentencing, in which your theft attorney can request that a Level 6 felony be downgraded to a Class A misdemeanor. This means a less damaging entry on your criminal record, as well as reduced penalties and fines.
In some cases, getting the penalties reduced as low as possible may be your best choice. An experienced criminal defense attorney will be able to advise
Indiana Code 35-50-2-7 outlines the process of this request. If you were already convicted of a prior felony that was reduced using the same Alternative Misdemeanor sentencing within the past 3 years, you are ineligible to use it again.
There are additional limitations to using this process, but your attorney can help you determine if this is an option for you as a way to reduce your potential prison sentence and protect your future.
Possible Defenses Against Indiana Theft Charges
An experienced attorney will be able to put together a defense based on the circumstances of the charges levied against you. However, some effective defenses against theft crime accusations include the following.
Lack of Intent: If the accused can demonstrate that there was no intent to permanently deprive the owner of the property, it may serve as a defense. For example, if the person believed they had permission to use or borrow the property, it could negate the intent required for theft.
Mistaken Identity: A defense based on mistaken identity asserts that the accused was not the person who committed the theft. This defense often relies on providing evidence that the identification of the defendant is unreliable or that there is another plausible suspect.
Owner’s Consent: If the owner of the property gave explicit or implied consent for the accused to take or use the property, it can be a valid defense. This defense may require evidence such as communication or witness statements confirming permission.
Duress or Coercion: If the accused can show that they took control over property illegally because they were under duress or coercion, meaning they were forced to do so under threat of harm, it may be a valid defense. However, proving duress can be challenging and often requires evidence of a credible threat.
Entrapment: Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If the accused can show that they were coerced or induced into committing the theft by law enforcement, it may serve as a defense.
Lack of Evidence: Challenging the prosecution’s evidence by demonstrating weak or insufficient proof of the elements required for a conviction can be a defense strategy. This could include questioning the reliability of witnesses, surveillance footage, or other evidence presented.
Return of Property: If the accused voluntarily returns the stolen property, it may be presented as evidence of remorse or an attempt to rectify the situation. In some cases, this can influence the court’s decision on sentencing.
Are You Worried About Indianapolis Theft Charges? Contact Zentz Law
Our Indianapolis theft attorneys are ready to step in and help anyone in Indianapolis and beyond who is facing an Indiana theft conviction. We offer a free consultation so that we can learn about your case and provide you with the assistance you need to protect your future.
Contact the criminal defense lawyers at Zentz Law today to schedule your free consultation.