Theft Under $750: Understanding Misdemeanor Charges and Consequences
I. Introduction
It happens more often than you might think—someone grabs an item off a store shelf, walks out without paying, and thinks it’s “no big deal.” Maybe it was a lapse in judgment, peer pressure, or financial desperation. Regardless of the reason, theft—even under $750—can result in criminal charges with lasting consequences.
In Indiana, theft is defined as knowingly or intentionally exerting unauthorized control over someone else’s property with the intent to deprive them of its value or use. When the value of stolen property is under $750, the charge is typically a misdemeanor—not a felony. But make no mistake: misdemeanor charges are still serious and can impact your future.
This post explains what theft under $750 means under Indiana law, what penalties you might face, and how a skilled defense attorney can help protect your rights.
II. Defining Theft and the $750 Threshold
What Is Theft Under Indiana Law?
Indiana Code § 35-43-4-2 defines theft as knowingly or intentionally exerting unauthorized control over another person's property with the intent to deprive the person of its value or use. This can include physically taking something, switching price tags, or failing to return rented property.
The $750 Threshold
The value of the property involved determines how the theft is charged:
Under $750: Charged as a Class A misdemeanor
$750 to $50,000: Charged as a Level 6 felony
$50,000 or more: Charged as a Level 5 felony
That $750 line is the cutoff between misdemeanor and felony theft in most cases.
What Counts as Theft?
Theft can involve a wide range of property, including:
Retail merchandise
Personal belongings
Electronics
Credit card use without permission
Theft by deception (e.g., writing a bad check)
How Value Is Determined
The value of stolen property is usually based on its market value at the time and place of the offense. Police reports, receipts, or store inventory systems may be used to assess this.
Prior Offenses and Enhanced Charges
If the accused has prior theft convictions, even a theft under $750 may be enhanced to a felony. Courts take repeat offenses seriously and may elevate the charge accordingly.
III. Misdemeanor Charges: What to Expect
Classification
Theft under $750 is typically a Class A misdemeanor in Indiana.
Possible Penalties
Up to 1 year in jail
Fines up to $5,000
Probation or community service
Restitution to the victim for the value of the stolen property
Court costs and fees
Even without jail time, these charges can stay on your record permanently without expungement.
The Court Process
Here’s what typically happens in a misdemeanor theft case:
Arraignment – You’re formally charged and enter a plea.
Pre-trial hearing – Your attorney may negotiate or discuss diversion options.
Trial – If no plea is entered, your case may go to trial.
Sentencing – If convicted or if you plead guilty, the court imposes penalties.
Role of a Defense Attorney
A criminal defense attorney can evaluate the strength of the evidence, explain your options, and potentially negotiate for reduced charges or alternative sentencing. Don’t navigate this process alone.
IV. Factors That Can Affect the Outcome of a Case
Courts consider several factors when deciding on penalties or sentencing:
Prior criminal record – First-time offenders are often treated more leniently.
Circumstances of the offense – Was it planned? Was it spontaneous?
Cooperation with police – Did you admit fault or resist arrest?
Restitution paid – Voluntarily paying back the value of the item may help.
Mitigating factors – Mental health struggles, substance use, or personal crises can influence outcomes.
V. Long-Term Consequences of a Misdemeanor Theft Conviction
Even if the sentence seems light, a theft conviction can follow you for years:
Employment barriers – Many employers reject applicants with theft-related offenses.
Housing difficulties – Landlords often run background checks.
Damage to reputation – Theft charges can harm personal and professional relationships.
Future legal issues – A prior theft conviction can increase penalties for future offenses.
VI. Defenses and Legal Strategies
A defense attorney may explore several legal strategies, such as:
Mistaken identity – You were misidentified as the suspect.
Lack of intent – You didn’t knowingly take the property (e.g., accidental).
Insufficient evidence – The prosecution can’t prove you committed the theft.
Witness testimony – A credible witness may support your side of the story.
Other options may include:
Negotiating with prosecutors – Reduced charges or diversion program entry.
Diversion or deferral programs – Avoiding a conviction by completing classes or community service.
VII. Prevention and Resources
Avoiding Theft Charges
Many theft cases stem from impulsive decisions, substance issues, or financial stress. Seeking help early can prevent criminal charges.
Support Resources
If you're facing hardship, consider contacting:
Local food banks and assistance programs
Mental health and addiction support
Indiana Legal Services or other legal aid organizations
Seek Legal Counsel Immediately
If you're charged—or even being investigated—contact a criminal defense attorney. Early legal intervention can make a big difference in your case.
VIII. Conclusion
Misdemeanor theft may seem minor, but the consequences can be major. In Indiana, theft under $750 is a Class A misdemeanor with real legal and long-term implications. If you’re facing charges, it’s critical to understand your rights, the legal process, and the defenses available to you.
At Vining Legal, we defend individuals facing misdemeanor theft charges throughout Indiana. Our goal is to protect your future and help you move forward.
Call or text us at (317) 759-3225 or schedule a consultation to speak with a defense attorney today.
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