Felony Theft: Understanding the Consequences of Stealing Property Valued at $750 or More
Indiana theft becomes a felony for more reasons than property value alone. Value, motor-vehicle status, firearm status, and certain prior convictions can independently raise the charge.
The base theft offense under Ind. Code § 35-43-4-2 is a Class A misdemeanor, but the statute contains several Level 6 and Level 5 felony paths. A defense should identify the exact enhancement the State is relying on.
Do not assume the dollar amount tells the whole story.
We can review the alleged property, valuation, prior-record enhancement, surveillance, statements, and whether the evidence proves unauthorized control and intent to deprive.
A theft case often arrives with a simple story: an item was missing, police identified a suspect, and the property was assigned a value. The legal case is more specific. Indiana requires proof of unauthorized control, the required mental state, and—when felony treatment is alleged—the facts that elevate the offense.
That means the first defense question is not merely “Was the property worth $750?” It is “Why is this a felony under the subsection that was actually charged?”
What does the State have to prove for theft in Indiana?
Under Ind. Code § 35-43-4-2, theft requires knowingly or intentionally exerting unauthorized control over property of another person with intent to deprive that person of any part of the property’s value or use.
Those phrases matter. “Control” is broader than physically carrying an item out of a store. Indiana’s definitions can include obtaining, taking, carrying, driving, concealing, selling, conveying, encumbering, possessing, or securing rights to property. “Unauthorized” can depend on consent, deception, exceeding authority, or other statutory circumstances.
A 2026 Indiana Court of Appeals decision, Kessie v. State, applied the theft statute in a case involving property and discussed the statutory concept of unauthorized control. The point for a defense is that the charging language has elements—not merely a conclusion that something was stolen.
A felony enhancement comes only after the State proves the underlying theft.
Unauthorized control
Was the defendant’s control actually without consent or otherwise unauthorized under Indiana law?
Intent to deprive
Did the evidence prove the required intent to deprive the owner of value or use—not merely possession, confusion, or a civil dispute?
When does theft become a Level 6 felony?
The most familiar route is value: property worth at least $750 but less than $50,000. But that is not the only Level 6 route.
Theft of a motor vehicle or a component part of a motor vehicle can be a Level 6 felony regardless of ordinary retail value. A prior unrelated conviction for theft, criminal conversion, robbery, or burglary can also elevate a later theft to Level 6 even when the new property is worth less than $750.
That is why an under-$750 case can still be a felony and why the charging information should identify which enhancement is alleged.
- $750 to under $50,000: Level 6 felony based on value.
- Motor vehicle or motor-vehicle component: Level 6 felony path regardless of ordinary value threshold.
- Qualifying prior conviction: prior theft, conversion, robbery, or burglary can elevate a new theft to Level 6.
When can theft be charged as a Level 5 felony?
Indiana’s theft statute includes multiple Level 5 felony routes. Property worth at least $50,000 is one. Theft of a firearm is another, regardless of whether the firearm itself is worth $50,000.
The statute also contains special provisions involving certain valuable metals connected to transportation safety, public safety, health-care facilities, telecommunications, public utilities, or critical infrastructure when the absence of the property creates a substantial risk of bodily injury.
A motor-vehicle theft can also rise to Level 5 when the person has the qualifying prior motor-vehicle or component-part theft conviction specified by the statute.
A firearm theft is a Level 5 felony under the current theft statute. It is not simply grouped with the ordinary $750 property-value threshold.
How does Indiana decide what stolen property is worth?
For theft grading, the statute defines value as fair market value at the time and place of the offense. If fair market value cannot be satisfactorily determined, replacement cost within a reasonable time can be used.
For merchandise displayed or offered for sale, a price tag or price marking is prima facie evidence of value. That does not mean valuation can never be challenged, but it gives the State an evidentiary starting point.
In close-threshold cases, valuation is not a bookkeeping detail. If the felony level depends on crossing $750 or $50,000, the value evidence directly affects the charge level.
| Question | Why it matters | Evidence to review |
|---|---|---|
| Is value under $750? | May keep ordinary theft at Class A misdemeanor absent another enhancement. | Receipts, price tags, condition, market comps |
| Is value $750–$49,999? | Supports Level 6 value enhancement. | Retail / used market, appraisal, records |
| Is value $50,000+? | Supports Level 5 value enhancement. | Appraisal, ownership records, expert valuation |
The enhancement is often the first place to look.
We can identify exactly why the State filed the theft as a felony and what evidence supports—or undermines—that allegation.
What evidence usually matters in a felony theft case?
The answer depends on the theory. Retail theft cases may center on surveillance video, loss-prevention testimony, receipts, point-of-sale records, concealment, exit behavior, and statements. Vehicle cases may involve title records, keys, plate readers, GPS, location data, and possession. Employer or fiduciary cases may involve permissions, accounting records, internal policies, electronic transfers, and the scope of authority.
Intent often has to be inferred from circumstances. That makes context important. A cropped video clip, a single text message, or a police summary may not show the full sequence that explains whether control was unauthorized and whether there was an intent to deprive.
Preserve original digital evidence. If there is relevant surveillance, a receipt, a marketplace listing, a message thread, a disputed ownership document, or evidence of permission, it should be identified early before it disappears.
What can actually change a felony theft case?
A useful theft defense is element-specific. Identity may be disputed. Control may have been authorized. Ownership or possession rights may be genuinely contested. Intent to deprive may be missing. The valuation may not reach the charged threshold. The alleged prior conviction may not qualify for the enhancement. A search, seizure, or statement may be challengeable.
Restitution or return of property can matter to mitigation and negotiation, but it does not automatically erase a completed theft offense. Likewise, paying for an item after an accusation does not by itself answer what the person intended at the time of the alleged unauthorized control.
If the State’s strongest fact is the enhancement rather than the underlying conduct, challenging that enhancement can materially change sentencing exposure even when the case does not disappear entirely.
What should happen early after a felony theft charge?
Get the charging information, probable-cause affidavit, and discovery. Identify the precise felony subsection. Then build a timeline showing when the property was obtained, what authority or permission existed, what the defendant said, when the alleged owner objected, and how value was established.
If surveillance or third-party records exist, determine whether they need to be preserved or subpoenaed. If value is disputed, collect contemporaneous market information rather than waiting until trial. If a prior conviction is the enhancement, verify the actual judgment and whether it fits the statutory list.
Finally, evaluate the resolution in terms of both immediate sentence and conviction level. A Level 6 felony may present different negotiation and sentencing options from a Level 5 felony, and the long-term effect of a felony conviction may be more important than a small difference in the proposed jail term.
Find the element that changes the charge. Then test the proof.
Send us the charging information and the basic facts. We can review value, prior enhancements, ownership, intent, and the evidence before the next court date.
Frequently asked questions
01Is theft over $750 automatically a felony in Indiana?
Property valued from $750 to under $50,000 generally triggers the Level 6 value enhancement under Ind. Code § 35-43-4-2. Other facts can produce a different level.
02Can theft under $750 still be a felony?
Yes. A motor vehicle or motor-vehicle component, certain qualifying prior convictions, and theft of a firearm can produce felony treatment even when ordinary value is under $750.
03What level felony is theft of a firearm in Indiana?
The current theft statute classifies theft of a firearm as a Level 5 felony.
04How is property value determined for an Indiana theft charge?
The statute uses fair market value at the time and place of the offense, or replacement cost if fair market value cannot be satisfactorily determined. A price tag on merchandise is prima facie evidence of value.
05Does returning the property make the theft charge go away?
Not automatically. Return or restitution can matter to mitigation or negotiation, but the legal question remains whether the State can prove the offense at the time it allegedly occurred.
06What is the sentence range for a Level 6 felony?
A Level 6 felony carries six months to two and one-half years, with a one-year advisory sentence, plus a possible fine of up to $10,000.
This article is general information about Indiana law, not legal advice, and reading it does not create an attorney–client relationship. Statutes, court rules, and case law change, and every matter turns on its own facts. Reviewed August 2026 against the current 2026 Indiana Code and relevant Indiana and federal authorities. Attorney advertising.
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