What is the punishment for Theft in Indiana?
Theft is defined under Indiana Code §35-43-4-2 as follows: “(a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor.”
In order to be found guilty of a theft all of the above stated elements must be proven. Punishments for A Misdemeanor: Max of up to 365 days in jail and fine of up to $5,000.
While this charge generally starts as an A-misdemeanor for smaller thefts, it can be elevated to a Felony if certain conditions are met.
Felony 6 Theft:
This offense can be charged as a Level 6 Felony if any of the following conditions are met:
” (A)?the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000);
(B)?the property is a firearm; ?or
(C)?the person has a prior unrelated conviction for:
(i)?theft under this section; ?or
(ii)?criminal conversion under section 3 of this chapter;”
Ind. Code §35-43-4-2.
Penalties for a Felony Level 6: minimum of 6 months – advisory sentence of 1 year- maximum sentence of 2.5 years
Felony 5 Theft:
The theft could also be charged as a Level 5 felony if:
“(A)?the value of the property is at least fifty thousand dollars ($50,000); ?or
(B)?the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1 ) and:
(i)?relates to transportation safety;
(ii)?relates to public safety; ?or
(iii)?is taken from a hospital or other health care facility, telecommunications provider, public utility (as defined in IC 32-24-1-5.9(a) ), or key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.
Penalties for a Felony Level 5: minimum of 1 year – advisory sentence of 3 years – maximum sentence of 6 years
The fair market value of the property at the time the offense was committed will be the tool used in determining the value and subsequent level of the charge. A price tag on a stolen item will be evidence of that items values. Ind. Code §35-43-4-2.