Shoplifting or Theft Law in Indiana by Criminal Attorney Jeff Cardella
If you have a Shoplifting or Theft case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law. i have handled thousands of theft cases over the course of my career and taught theft and other property crimes in my class at the law school. My goal in every theft case (especially for a first time offender) is dismissal.
Understanding Shoplifting and Theft Charges in Indiana
Shoplifting and theft represent some of the most commonly prosecuted property crimes in Indiana, often stemming from situations where individuals exert unauthorized control over items belonging to retailers or others. Under Indiana law, these offenses fall primarily under the categories of theft and criminal conversion, with shoplifting being a specific form of theft typically occurring in retail settings. Recognizing the nuances between these charges is crucial for anyone navigating the legal landscape surrounding shoplifting or theft in Indianapolis and across the state.
Defining Theft and Shoplifting Under Indiana Statutes
Indiana Code 35-43-4-2 outlines theft as knowingly or intentionally exerting unauthorized control over another person’s property with the intent to deprive that person of its value or use. Shoplifting in Indiana fits squarely within this definition, involving the removal of merchandise from a store without payment or proper authorization. Unlike some states, Indiana does not have a standalone shoplifting statute; instead, such acts are charged as theft, which can range from misdemeanor to felony levels based on specific factors.
Criminal conversion, covered under Indiana Code 35-43-4-3, is a related but distinct offense. It involves knowingly or intentionally exerting unauthorized control over property without the intent to permanently deprive the owner. This might apply in shoplifting scenarios where the prosecution cannot prove full intent to steal, potentially resulting in lesser charges. Understanding these distinctions helps clarify why some shoplifting incidents in Indianapolis lead to misdemeanor conversion rather than felony theft accusations.
Key Elements Prosecutors Must Prove in Theft Cases
- Unauthorized control: The act of taking or using property without permission from the owner.
- Intent: A deliberate mindset to deprive the owner, which can be inferred from actions like concealing items or leaving a store without paying.
- Property value: Critical in determining charge severity, often based on fair market value or retail price tags.
In shoplifting situations, evidence such as surveillance footage, witness statements from loss prevention officers, or recovered merchandise plays a pivotal role in establishing these elements.
Penalties for Shoplifting and Theft in Indiana
The consequences of theft charges in Indiana vary significantly based on the stolen property’s value, the defendant’s criminal history, and whether aggravating factors are present. Shoplifting penalties can escalate quickly, especially for repeat offenders or when higher-value items are involved.
Misdemeanor vs. Felony Classifications
- Class A Misdemeanor: For theft involving property valued at less than $750, punishable by up to 365 days in jail and fines up to $5,000.
- Level 6 Felony: Applies when property is valued between $750 and $50,000, or if the defendant has prior unrelated theft convictions; penalties include 6 months to 2.5 years in prison and fines up to $10,000.
- Level 5 Felony: For theft exceeding $50,000 in value, with sentences ranging from 1 to 6 years imprisonment.
Additional enhancements may apply if the theft involves firearms, vehicles, or occurs during a declared disaster, potentially increasing the felony level.
Civil Consequences Beyond Criminal Penalties
Retailers in Indiana can pursue civil actions against those accused of shoplifting, seeking damages up to three times the item’s value plus court costs and attorney fees. This civil liability often runs parallel to criminal proceedings, adding financial strain even if criminal charges are reduced.
Common Defenses Against Shoplifting and Theft Accusations in Indiana
Challenging theft charges requires examining the specifics of each case. Several defenses may apply to shoplifting scenarios in Indianapolis, focusing on elements like intent, evidence quality, and procedural issues.
Lack of Intent and Mistaken Actions
A core defense in theft cases is the absence of intent to deprive. For instance, accidental removal of items due to distraction or forgetfulness may negate the required mental state. Similarly, believing the property was abandoned or rightfully yours can undermine prosecution claims.
Challenging Evidence and Witness Credibility
- Surveillance footage: Often grainy or incomplete, it may not clearly identify the accused or show intent.
- Loss prevention officers: Their training, potential biases, or procedural errors can be scrutinized.
- Unlawful detention: Stores may detain suspects only with probable cause for a reasonable time; violations could lead to evidence suppression.
Aiding and Abetting Considerations in Theft Cases
Mere presence when another commits petit larceny is not sufficient to authorize conviction. Carey v. State, 144 N.E.2d 22 (Ind. 1924). Even if there was no active participation in the commission of the crime, failure to oppose it at the time, companionship with another engaged therein, and a course of conduct before and after the offense were such circumstances as could be considered in determining whether aiding or abetting could be inferred. Cotton v. State, 211 N.E.2d 158 (Ind. 1965).
The Legal Process for Handling Theft Charges in Indiana
From initial detention to court proceedings, the process for shoplifting cases in Indiana involves several stages. Retail security may detain suspects based on reasonable grounds, but must promptly involve law enforcement. Charges follow an arrest, with arraignment setting the tone for potential bail, pretrial hearings, and trial.
Diversion Programs and Alternatives for First-Time Offenders
Indiana offers pretrial diversion for eligible individuals, particularly first-time shoplifters. Completing community service, restitution, or education programs can lead to charge dismissal, preserving a clean record. For example, in one low-level theft case, a single mother with no prior criminal history was charged after taking essential items from Walmart during a period of financial hardship. Through negotiation, she entered a diversion program involving community service and a theft education course, resulting in the dismissal of charges. This allowed her to later pursue expungement, restoring her record to a clean state and enabling her to secure better employment opportunities to support her family.
In another instance, a college student was caught attempting to steal beer from a local store as part of a misguided prank during a campus event. As a first-time offender with strong academic standing, he qualified for diversion, completing alcohol awareness classes and probationary supervision. Upon successful completion, the case was dismissed, paving the way for expungement and allowing him to graduate without the burden of a criminal record affecting his future career prospects.
Dismissal is still possible though even when an individual is not a first time offender. I have hand many situations where defendants with criminal records have come to me hoping to get a felony theft charge dismissed. In many situations, I have been able to get my clients in specialized programs (including drug treatment court or mental health treatment court) in order to get the case dismissed.
Long-Term Impacts of Theft Convictions
Beyond immediate penalties, a theft record can affect employment opportunities, housing applications, and professional licensing in Indiana. Exploring expungement options after a certain period may mitigate these effects.
Frequently Asked Questions About Shoplifting or Theft in Indiana
What is the difference between theft and conversion in Indiana shoplifting cases?
Theft requires intent to deprive permanently, while conversion involves unauthorized control without that specific intent, often leading to misdemeanor charges.
Can juvenile shoplifting charges in Indiana be handled differently?
Yes, minors under 18 may face proceedings in juvenile court, with emphasis on rehabilitation rather than punishment, potentially avoiding adult records.
How does technology impact theft prosecutions in Indianapolis?
Advanced surveillance systems and digital tracking provide stronger evidence for prosecutors, but technical flaws or chain-of-custody issues can create defense opportunities.
What role do prior convictions play in current theft charges?
Previous theft-related offenses can elevate charges from misdemeanor to felony, increasing potential sentences and fines significantly.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Shoplifting or Theft law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)