Theft Penalties

• Theft is a class A misdemeanor if the value of the property is less than $750.

• Theft is a Level 6 felony if the value of the property taken is between $750 and $50,000, or if the person has a prior conviction for theft or criminal conversion.

• Theft is a Level 5 felony if the value of the property taken is more than $50,000.

Shoplifting

How Vining Legal Can Help

There are several ways to approach a theft case and you will need to hire someone who can review the alleged facts and help build your case. Some of the things we may do in a theft case include:

• Suppressing Evidence — The US Constitution and the Indiana Constitution have provisions that protect individuals from unreasonable search and seizure. When we review your case we look to make sure all of the evidence being used against you has been lawfully obtained. For instance were the items found during an illegal search? In these instances we would file a motion to suppress to ensure illegally obtained evidence cannot be used against you.

• Challenging Witness Credibility — As the state built their case against you they interviewed witnesses or officers submitted reports about alleged criminal activity they witnessed. As a part of your case, and attorney may interview officers and witnesses to ensure their story matches up to the original reports and make sure they are credible witnesses or see if they have an accurate recollection of what they are alleging occurred.

• Negotiating a Plea Agreement — You attorney can negotiate a deal with the prosecutor to a lesser charge or a pretrial diversion program. They can also negotiate less jail time or probation, negotiate lower fees and less community service, or negotiate the ability for your felony charge to be reduced to a misdemeanor upon successful completion of the sentence.

• Demonstrating Reasonable Doubt — If your case goes to trial, the state has the burden of proving your guilt beyond a reasonable doubt. Your attorney can walk you through the elements of a theft charge and challenge the different elements to hold the state to its burden to prove that you acted in a certain way beyond a reasonable doubt. For instance in a theft charge you may have been acting with different intent than the state is alleging.

• Advocating for a Lenient Sentence — If you are found guilty our plead guilty to an offense, your attorney can help find mitigating factors that the court should consider to help you obtain a lighter or more lenient sentence.

At Vining Legal, we have represented people charged with theft throughout Indiana and would be able to work with you to help answer your questions and build your case.  If you are facing any kind of theft charge, please call us today at (317) 759-3225 for a free consultation about your case.