Under Indiana criminal code, a person commits theft when he or she knowingly or intentionally exerts unauthorized control over another’s property and with the intent to deprive the other of the value or use of such property.[1] A person’s control over another’s property is “unauthorized” if it is exerted without the owner’s consent, in a way different from that which the property owner consented, by creating a false impression in the property owner, or by promising performance which the offender knows he or she will not perform.
Felony Theft
Theft in Indiana is a class D felony if the fair market value of the property is at least $100,000 or the property that is the subject of the theft is a valuable metal and relates to transportation safety, public safety or is taken from a hospital/healthcare facility, telecommunications provider, public utility, or key facility.
If a person knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft then they commit the offense of receiving stolen property, which is a class D felony. The offense increases to a class C felony if the fair market value of the property is at least $100,000 or the property that is the subject of the theft is a valuable metal and relates to transportation safety, public safety, or is taken from a hospital/healthcare facility, telecommunications provider, public utility, or key facility.
A class D felony is punishable by six months to three years in prison, with an advisory sentence of one year and one and a half years. A Class C felony is punishable by imprisonment of two to eight years with an advisory sentence being four years.
Auto theft is also a felony and occurs when a person knowingly or intentionally exerts unauthorized control over the motor vehicle of another person, with intent to deprive the owner of the vehicle’s value or use or a component part of the vehicle. Auto theft is a class D felony, however it becomes a class C felony if the person committing the offense has a prior conviction of auto theft.
Misdemeanor Theft
Minor offenses like shoplifting are offenses that are typically charged as “conversion” under Indiana law. Conversion is a Class A misdemeanor. Additionally, as in a shoplifting scenario, a store or company owner may bring civil action against an offender who has shoplifted. A Class A misdemeanor is punishable by up to one year in jail and potential fines up to $5,000.
If the conversion involves a vehicle belonging to another, then the charge can be elevated to either a Class D or C felony depending on the circumstances of the case.
Consult a Defense Attorney
If you have been charged with a theft offense it is important to speak with an attorney about your case. Not only does an attorney discuss with you the facts of your case and any possible defenses that might exist, he or she knows the court system and how to deal with the prosecution in working out a plea deal or taking your case to trial. If you are charged in Danville and surrounding counties, Attorney Christopher L. Arrington can help. Contact our office today to discuss your case.