Felony Theft: Understanding the Consequences of Stealing Property Valued at $750 or More

I. Introduction

Theft is a serious offense under Indiana law and can result in either misdemeanor or felony charges depending on the circumstances. At its core, theft involves unlawfully taking someone else's property with the intent to permanently deprive them of it.

The distinction between misdemeanor theft and felony theft often comes down to one critical factor: the value of the stolen property. In many jurisdictions, including Indiana, theft involving property valued at $750 or more is classified as a felony.

In this post, we’ll focus on felony theft—what it means, what influences the severity of the charge, the potential penalties, and the legal defenses that may be available. While the specific threshold amount may vary depending on the state, we’ll use $750 as the standard reference.

II. Defining Felony Theft

Felony theft occurs when a person knowingly or intentionally takes property that doesn’t belong to them with the intent to deprive the rightful owner of that property—and the value of the property meets or exceeds a certain monetary threshold.

In Indiana, under Indiana Code § 35-43-4-2, theft becomes a Level 6 felony when the stolen property is worth $750 or more but less than $50,000.

Key Elements of Felony Theft:

• The defendant acted knowingly or intentionally

• The defendant did not have permission or legal right to the property

• The value of the property is $750 or more

III. Factors Determining the Severity of Felony Theft Charges

A. Property Value

The dollar amount is a primary factor in felony theft classification:

• $750 to $49,999 – Typically charged as a Level 6 felony

• $50,000 or more – Can be elevated to a Level 5 felony or higher

• Under $750 – Usually charged as a Class A misdemeanor

B. Type of Property

Some items result in felony charges regardless of value, such as:

• Firearms

• Motor vehicles

• Prescription drugs

• Government property

C. Circumstances of the Crime

Aggravating factors can enhance charges:

• Organized theft rings

• Targeting elderly or vulnerable individuals

• Theft during a declared emergency

• Use of force or breaking and entering

D. Prior Criminal History

A defendant with prior theft convictions may face:

• Charge enhancements

• Higher felony levels

• Longer sentencing ranges

• Habitual offender status

IV. Potential Penalties for Felony Theft

A. Incarceration

• Level 6 felony: 6 months to 2.5 years in prison

• Level 5 felony: 1 to 6 years in prison

• Higher-level felonies carry even steeper penalties

B. Fines

• Up to $10,000 in fines may be imposed by the court.

C. Restitution

Courts often order defendants to repay the victim for the value of the stolen property, which is separate from fines or court costs.

D. Probation

In lieu of incarceration, a defendant may receive probation, which typically includes:

• Regular check-ins with a probation officer

• Avoiding new criminal charges

• Drug testing or counseling

• Curfews and travel restrictions

E. Other Consequences

A felony conviction can impact your life long after the sentence is served:

• Employment difficulties due to background checks

• Barriers to housing or renting

• Loss of professional licenses

• Ineligibility for certain government benefits

• Loss of civil rights, such as the right to vote or possess a firearm

V. Legal Defenses to Felony Theft Charges

A. Lack of Intent

The prosecution must prove intent. If the defendant:

• Believed they had permission

• Took the property by mistake

• Did not intend to permanently keep it

…the charges could be reduced or dismissed.

B. Mistaken Identity

Eyewitness errors, video footage misinterpretation, or other misidentification can lead to wrongful accusations.

C. Claim of Right

If the defendant believed in good faith that they owned or had the right to take the property, it may be a viable defense.

D. Insufficient Evidence

Prosecutors must prove every element beyond a reasonable doubt, including:

• Accurate property valuation

• Defendant’s identity

• Clear intent to steal

A skilled defense attorney can challenge evidence, question procedures, and create reasonable doubt.

VI. The Importance of Legal Representation

Felony theft charges carry life-changing consequences, and navigating the criminal justice system without a lawyer is risky.

An experienced Indiana criminal defense attorney can:

• Investigate the case thoroughly

• Protect your constitutional rights

• Challenge weak or improperly obtained evidence

• Negotiate with prosecutors for charge reductions or dismissal

• Advocate for alternative sentencing, such as diversion or probation

Your attorney is your advocate at every stage—from the arraignment to trial or plea agreement.

VII. Conclusion

Felony theft is a serious criminal charge that can result in prison time, financial penalties, and long-term consequences that follow you for years. Whether you’re facing charges for stealing a $750 item or involved in a more complex case, the stakes are high.

Understanding your rights and the legal process is the first step. The second—and most important—is hiring a skilled criminal defense attorney.

If you're facing felony theft charges in Indiana, don’t wait. At Vining Legal, we fight aggressively to protect your rights and your future.

Call or text (317) 759-3225 or schedule a confidential consultation today.

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