Does the Amount of Theft Affect the Penalty in Indiana?
October 11, 2024
Does the Amount of Theft Affect the Penalty in Indiana?
At Justin Camper Law, LLC, we are committed to assisting the people of Indiana with their criminal defense needs, including theft-related charges. One of the most common questions we receive about theft is whether the value of the stolen property impacts the severity of the penalties. The short answer is yes—the amount involved in a theft does play a significant role in determining the potential consequences under Indiana law.
Types of Theft Offenses in Indiana
Theft is broadly defined in Indiana as knowingly or intentionally taking another person’s property without their consent, with the intent to deprive them of it. However, the legal penalties for theft vary based on the dollar value of the items stolen and other circumstances surrounding the offense.
Petty Theft typically involves lower-value items and is charged as a misdemeanor, while
grand theft or
felony theft involves higher-value property and is more serious. Additionally, specific forms of theft, such as shoplifting, can carry varying degrees of penalties depending on the value of the items taken.
How the Value of Stolen Property Affects Charges
In Indiana, the value of the stolen property determines whether theft is classified as a misdemeanor or a felony, as well as the level of felony charge. Here’s a breakdown of the primary categories:
Class A Misdemeanor Theft: If the value of the stolen property is less than $750, it is typically classified as a Class A misdemeanor. A conviction for this level of theft can result in up to one year in jail and fines of up to $5,000.- Level 6 Felony Theft: When the value of the stolen property ranges between $750 and $50,000, theft is generally charged as a Level 6 felony. Penalties for a Level 6 felony in Indiana can include 6 months to 2.5 years in prison, with fines up to $10,000. Additionally, if the theft involved a motor vehicle or firearm, it can be charged as a Level 6 felony regardless of the item’s dollar value.
- Level 5 Felony Theft: If the value of the stolen property exceeds $50,000, the offense is classified as a Level 5 felony. Level 5 felonies carry a potential prison sentence of 1 to 6 years and a fine of up to $10,000. Other factors, such as a prior criminal history or theft involving government property, can also elevate charges to this level.
Factors that Can Affect Theft Penalties Beyond Value
While the value of the stolen property is a key factor in determining theft penalties, other factors can influence the severity of the charges, including:
Prior Convictions: Repeat offenses or prior convictions can lead to harsher penalties or higher charges.- Type of Property: Theft involving firearms, vehicles, or government property can result in more serious charges.
- Location of Theft: Theft occurring on certain types of property, such as schools or government buildings, may lead to enhanced penalties.
- Use of Force: If force or a threat of force was used in the commission of the theft, it could elevate the offense to robbery, which carries more severe penalties.
How Justin Camper Law, LLC Can Help with Theft Charges
Theft charges can have a lasting impact on your future, including your employment prospects and personal reputation. At Justin Camper Law, LLC, we understand the gravity of theft charges, and our legal team is dedicated to helping clients navigate the complexities of Indiana’s criminal justice system. We work closely with you to understand the details of your case, explore all possible defenses, and strive for the best possible outcome.
Defenses Against Theft Charges
There are several potential defenses available for individuals facing theft charges. An experienced criminal defense attorney can evaluate your case to determine if any of the following defenses may apply:
Lack of Intent: Theft charges require intent to deprive the owner of their property. If intent cannot be proven, the charges may be reduced or dismissed.- Mistake of Ownership: If you believed in good faith that you owned or had permission to take the property, this could serve as a defense.
- Return of Property: While returning the stolen property does not eliminate theft charges, it may demonstrate remorse and lead to a more favorable outcome.
At Justin Camper Law, LLC, we have experience defending individuals against theft charges and other criminal offenses. We understand the potential consequences and work diligently to protect your rights every step of the way.
Contact Us Today for a Consultation
If you or a loved one is facing theft charges in Indiana, don’t hesitate to reach out for legal assistance. The team at Justin Camper Law, LLC is here to provide you with skilled and compassionate representation, ensuring your rights are protected throughout the legal process. Contact us today to schedule a consultation and learn more about how we can help with your criminal defense needs.
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