Theft

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

Determining Value:

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.

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