Under Indiana law, shoplifting is covered under theft and criminal conversion.  Anyone who knowingly or intentionally exerts unauthorized control over another’s property commits the crime of conversion.  Anyone who knowingly or intentionally exerts unauthorized control over another’s property with the intent to deprive the other person of the property’s use or value commits the crime of theft.

Theft

Theft is a class A misdemeanor that is punishable by up to one year in jail and a fine up to $5,000.  However the level of the offense increases if the value of the property is at least $750 and less than $50,000, the property is a firearm, or the offender has a prior unrelated conviction for theft or criminal conversion.  If any of these factors apply then the offense is a level 6 felony.  A level 6 felony is the lowest level felony in Indiana.  It carries a penalty of a fixed term between 6 months and 2 and ½ years in prison and a fine of up to $10,000.

If the value of the property is at least $50,000 or the property is a valuable metal and relates to transportation safety, public safety or is take from a hospital or health care facility, telecommunications provider, public utility or key facility and the absence of the property creates a substantial risk of bodily injury then the felony is a level 5.  A level 5 felony carries an imprisonment term of between 1 year and 6 years and a fine up to $10,000.

The value of the property is the fair market value of the property at the time and place the offense was committed or if the fair market value of the property cannot be determined, the cost to replace the property within a reasonable time after the offense was committed.  A price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value of the property.

Conversion

Conversion occurs when a person knowingly or intentionally exerts unauthorized control over property of another.  Like theft, it is a class A misdemeanor.  An offense that is committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime is a level 5 felony.

The offense is a level 6 felony if the person acquires the property by lease, the property is a motor vehicle, the person signs a written agreement to return the property to a specified location within a specific time and the person fails to return the property within 30 days of after the specified time or within 3 days after a written demand for return of the property.

Experience matters and attorney Christopher L. Arrington will work diligently on your behalf to seek the best outcome for your case.  If you are facing a theft or conversion charge in Avon, Plainfield, Brownsburg or Danville or surrounding counties contact the firm today.