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A theft charge can seem minor at first, especially for a shoplifting case, but a conviction is treated as a crime of dishonesty that employers, landlords, and licensing boards take seriously. Theft in Indiana covers knowingly or intentionally exerting unauthorized control over someone else’s property with intent to deprive them of its value or use. That includes shoplifting, taking property from an employer, keeping property you were supposed to return, and knowingly receiving or possessing stolen property.
Theft is generally a Class A misdemeanor, carrying up to a year in jail and a fine of up to 5,000 dollars, when the property is worth less than 750 dollars. It becomes a Level 6 felony, carrying six months to two and a half years, when the property is worth at least 750 dollars but less than 50,000 dollars, when the property is a firearm, or when the person has a prior unrelated conviction for theft, conversion, robbery, or burglary. It’s a Level 5 felony, carrying one to six years, when the property is worth 50,000 dollars or more, and in certain cases involving stolen vehicles or vehicle parts with a prior record. Indiana also has a related offense called criminal conversion, which doesn’t require proof of intent to deprive the owner and is generally a Class A misdemeanor. Retailers can also pursue a separate civil claim for damages, which often arrives as a demand letter.
Theft cases often turn on intent and value. The defense may focus on whether the person actually meant to take the property, as opposed to a mistake, a misunderstanding about ownership, or a forgotten item at a self-checkout. Value is another frequent issue, since the difference between 749 dollars and 750 dollars can mean the difference between a misdemeanor and a felony, and the state has to prove fair market value, not only a price tag or an inflated estimate. In stolen property cases, the question is often whether the person knew the property was stolen.
At RileyCate, we defend theft charges from first-time shoplifting cases to felony embezzlement and stolen property cases. Many first-time cases can be resolved through pretrial diversion or a reduction to conversion, which can keep a theft conviction off your record. If the case involves taking property by force or fear, our Robbery page explains how that charge differs.
Theft cases may look simple on paper, but they reward attorneys who challenge intent and value and who know when a case is worth taking to trial. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with theft or shoplifting, there may be options to keep a conviction off your record if you act early. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a theft defense attorney.
