STARK LAW OFFICES. P.C. - FOR A TOP THEFT OR INDIANA SHOPLIFTING LAWS ATTORNEY
Rule #1 of Theft & Shoplifting Laws in Indiana:Consult with an Indiana Defense Attorney as soon as possible as there are deadlines to protect your legal rights. When reviewing the theft & shoplifting laws in Indiana below, good people have the tendency to focus on the minimum sentences allowable as the punishment they should expect if found guilty of a theft offense. Do Not Make This Mistake. One must always understand that the job of a county prosecutor is not to help you but to punish. If arrested or charged with a theft or shoplifting offense in Indiana a qualified attorney must be contacted immediately. Doing so can insure that you are doing everything possible to allow your case to be dismissed or charged in a way to allow such an incident to be an inconvenience as oppposed to a legal nightmare.
For example, a theft or shoplifting offense in Indiana will formally be charged as either a "Conversion" offense or a "Theft" offense depending upon the decision of a county prosecutor. This charging decision is often a critical one, for it has a major role not only in regard to the punishment available to a judge and/or prosecutor but also can decide whether one's criminal record will be scarred with a felony conviction for life. For this reason it is critical to consult with an Indiana theft or shoplifting law attorney immediately.
If involved early enough, a top shoplifting attorney in Indiana can possibly get a shoplifting charge dismissed without need for trial if filed as a Conversion or, if charged with D felony Theft, get the felony charge dismissed. A conversion in Indiana carries a maximum penalty of one year in jail and up to a five thousand($5,000.00) dollar fine. Conversely, a D felony theft conviction carries a penalty of up to three years in prison and up to a ten thousand ($10,000.00) dollar fine.
We know how to use Indiana theft and shoplifting laws to protect our clients from legal harm. I have done my best to provide a summary of Indiana theft & shoplfting laws below that may be easier to understand than reviewing the Indiana Criminal Code. For a more thorough review, I have also provided a link to the Indiana code statutes that can apply to a theft or shoplifting prosecution in Indiana. Please call me anytime for free to better understand these laws and how to make them work for you!
Click Here to View the laws in their original context
Understand the laws for Shoplifting in Indiana & Theft Crime Defenses. Know the possible penalties. Take Action!
Theft offenses:(Conversion, Check Deception) Class A Misdemeanor
0 to a maximum of one year incarceration within county jail facility. Up to a five thousand ($5,000) fine not including court costs, probation fees/court imposed treatment program(s). Specified terms and conditions of court ordered probation of up to one year.
The crime of Criminal Conversion in Indiana usually includes first time theft or shoplifting offenses under a certain amount depending upon the decision of an Indiana prosecutor. Check Deception can occur from nothing more than a bounced check. If no prior convictions witheld prosecution is a potential option depending upon the decision and/or policy of the specific Indiana county prosecutor's office. Terms and requirements of such a program dependant upon negotiation of a defense attorney and county prosecutor.
Theft Offenses:(Theft, Recieving Stolen Property, Fraud etc.) Class D felony
Minimum of 180 days in county jail up to three years in applicable Indiana Department of Correction Prison facility. Presumptive or "average" sentence is one and one half years in prison. This presumptive sentence can be reduced or increased depending upon a balance of "aggravating" factors (prior criminal history, store employee, amount and/or value of loss) and "mitigating" factors (lack of prior criminal history, acceptance of responsibility) One is eligible to have the minimum 180 days incarceration reduced or waived if the person has no prior criminal history or if a prior felony with all probationary terms successfully completed more than 3 years prior to the Class D felony in question.
Court imposed probation terms may last up to three years depending upon applicable circumstances with up to a ten thousand ($10,000) fine not including court costs or court ordered probationary term requirements.
Theft offenses that are most notably charged as a Class D Felony are first time theft crimes over a certain amount as determined by an Indiana prosecutor (often $200), theft or shoplifting offenses alleged against a store employee or an individual who has a prior criminal conviction(s).
Theft Offenses:(Forgery, Theft over Precribed Amounts)Class C Felony
Minimum of two years incarceration within applicable Indiana Department of Corrections Prison to maximim of 8 years. Presumptive or "average" sentence of 4 years imprisonment. Minimum period of imprisonment can be reduced or suspended if prior felony beyond seven years from most recent Class C Felony.
Court imposed probation for up to eight years and up to a ten thousand ($10,000) fine not including court costs or court ordered probationary requirements.
Class C Felony Theft offenses are charged as such based upon applicable circumstances including, but not limited to, value of loss and criminal history of one charged. Forgery may occur from simply presenting a forged check or other written instrument for payment even if the one presenting it did not write or produce the altered check or other written currency.
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