Theft Under $750: Understanding Misdemeanor Charges and Consequences
Theft of ordinary property worth less than $750 is generally a Class A misdemeanor in Indiana—but under-$750 value does not guarantee misdemeanor treatment.
Under Ind. Code § 35-43-4-2, a motor vehicle, a motor-vehicle component, certain qualifying prior convictions, or a firearm can make the case a felony even when the property value is low. Always check the enhancement before assuming the charge level.
A low dollar amount does not mean the case should be ignored.
We can review surveillance, statements, intent, valuation, prior-history enhancements, and whether a resolution can protect your record and reduce long-term consequences.
A shoplifting or low-value theft accusation is easy to minimize, especially when the property was inexpensive or recovered immediately. But a Class A misdemeanor in Indiana can still carry up to one year in jail, probation, restitution, and a conviction record.
At the same time, many under-$750 cases turn on evidence that is narrower than people expect: whether the person knowingly exerted unauthorized control, whether there was intent to deprive, what the video actually shows, whether a statement was made, and whether a prior conviction or special property category elevates the offense.
Is theft under $750 a misdemeanor in Indiana?
Usually, for ordinary property and no qualifying enhancement. Ind. Code § 35-43-4-2 makes theft a Class A misdemeanor unless one of the felony provisions applies.
A Class A misdemeanor can carry up to one year of incarceration and a fine of up to $5,000 under Ind. Code § 35-50-3-2. The fact that the property is inexpensive does not make the offense a ticket or civil infraction.
In a May 2026 memorandum decision, Johnson v. State, the Court of Appeals recited the familiar elements of Class A misdemeanor theft: knowingly or intentionally exerting unauthorized control over property of another with intent to deprive the owner of value or use.
Under $750 is a value rule, not a universal misdemeanor guarantee. Before calling the case a misdemeanor, check the type of property and the defendant’s qualifying prior record.
How can an under-$750 theft still become a felony?
Theft of a motor vehicle or a component part of a motor vehicle can be a Level 6 felony regardless of ordinary value. A person with a prior unrelated conviction for theft, criminal conversion, robbery, or burglary can also face Level 6 theft on a later case even when the new property is worth less than $750.
Theft of a firearm is more serious still: the current theft statute classifies it as a Level 5 felony. That enhancement is tied to the nature of the property, not to a $50,000 valuation.
The charging information should show which route the prosecutor is using. If the felony depends on a prior conviction, the judgment and statutory fit of that prior matter. If it depends on the property category, the State must prove the property fits that category.
Ordinary property under $750. Class A misdemeanor starting point.
Motor vehicle / qualifying prior. Potential Level 6 felony even below $750.
Firearm. Level 5 felony under the current theft statute.
What evidence matters in a shoplifting case?
Retail cases often rely heavily on video and loss-prevention testimony. But “there is video” is not the end of the analysis. The defense should review the entire sequence: entry, item selection, concealment if any, movement through the store, checkout activity, exit, detention, return of merchandise, and statements.
Self-checkout cases can be especially fact-specific. A missed scan, barcode issue, item substitution allegation, or payment problem may look different when the full transaction record and video are reviewed together. The State still has to prove the required mental state; a mistake is not automatically theft.
If police questioned the accused, preserve and review body camera and any store recording of the interaction. A short admission quoted in a probable-cause affidavit may sound different when the full conversation is heard.
| Evidence | What it can show | Why context matters |
|---|---|---|
| Surveillance video | Selection, concealment, checkout, exit | Short clips can omit payment attempts or surrounding conduct |
| Receipt / POS data | What scanned, what was paid, timestamps | Helps distinguish transaction error from intentional conduct |
| Loss-prevention report | Observations and sequence | Compare narrative to video and timestamps |
| Statements | Intent, explanation, admissions | Review full recording—not only the officer’s summary |
The video, intent, and enhancement matter more than the price tag alone.
We can review the charge and the evidence before you decide whether to pursue diversion, negotiation, dismissal, or trial.
Does walking out with unpaid property automatically prove theft?
Not by itself. Indiana theft requires knowingly or intentionally exerting unauthorized control with intent to deprive the owner of value or use. Intent is often inferred from conduct, but it remains an element the State must prove beyond a reasonable doubt.
Evidence such as concealment, bypassing points of sale, false statements, removal of security devices, repeated conduct, or leaving after a failed payment can support an inference of intent. Other facts—distraction, scanning errors, confusion about ownership, permission, or an immediate effort to correct a mistake—may point the other direction.
A defense is stronger when it identifies the specific evidence that supports the innocent explanation rather than simply asserting “it was an accident.” Receipts, transaction logs, communications, witness testimony, and the unedited video can matter.
Does a first theft charge automatically qualify for diversion or dismissal?
No. Prosecutors in some Indiana counties offer diversion or other alternative resolutions for qualifying misdemeanor cases, but those programs are local, discretionary, and eligibility varies. There is no statewide rule that every first theft charge must be dismissed after a class or payment.
Even when diversion is available, the conditions and record consequences should be understood before accepting it. Some programs require fees, restitution, classes, community service, a period without new offenses, or an admission or agreement with specific consequences if the program is not completed.
If diversion is not available, negotiation can still focus on evidentiary weaknesses, restitution, lack of record, employment, treatment where relevant, or other mitigation. The right approach depends on the county and the actual facts.
A favorable resolution can come through different mechanisms.
Evidence-based defense
Dismissal or reduction may be pursued because the State cannot prove an element or admissible evidence is weak.
Alternative resolution
Diversion or negotiated outcomes may exist even when the evidence is sufficient, but availability is county- and case-specific.
Why does a misdemeanor theft conviction still matter?
Theft is an offense involving dishonesty, so the reputational and employment consequences can exceed what someone expects from a misdemeanor. Employers in finance, retail, health care, education, government, or positions involving money or property may treat a theft conviction differently from another misdemeanor.
A conviction can also matter in professional licensing, immigration, later criminal cases, and credibility disputes. The exact effect depends on the person’s situation and should be considered before accepting a plea simply because there is no proposed jail time.
Indiana expungement law may provide relief for qualifying convictions after the applicable waiting period, but that is future relief—not a reason to ignore the present case.
What should you do after a low-value theft charge?
Do not contact store employees or loss prevention to argue the case. Preserve your own receipt, transaction history, bank records, text messages, and any information showing what you believed happened. Identify the store location and approximate time so video can be located.
Get the charging documents and check whether the prosecutor filed a misdemeanor or used a felony enhancement. If a prior conviction is alleged, verify the exact prior judgment. If the case involves a vehicle, component part, or firearm, do not rely on the $750 threshold.
Then review the evidence before deciding whether the case is best approached through an element-based defense, suppression issue, diversion inquiry, negotiated resolution, or trial.
Small property value. Real criminal consequences.
Send the charge, county, court date, and basic facts. We can identify the actual exposure and the evidence that deserves attention first.
Frequently asked questions
01Is theft under $750 a felony in Indiana?
Ordinary theft under $750 starts as a Class A misdemeanor, but statutory enhancements can make an under-$750 case a felony.
02What is the maximum penalty for Class A misdemeanor theft?
A Class A misdemeanor can carry up to one year of incarceration and a fine of up to $5,000.
03Can a prior theft make a new under-$750 case a felony?
Yes. A qualifying prior unrelated conviction for theft, criminal conversion, robbery, or burglary can elevate a new theft to a Level 6 felony.
04Is stealing a firearm under $750 still a misdemeanor?
No. Indiana’s current theft statute classifies theft of a firearm as a Level 5 felony regardless of ordinary value.
05Does returning merchandise make a shoplifting charge disappear?
No. Returning property can matter to mitigation, but the State’s case focuses on whether the theft elements were satisfied when the conduct occurred.
06Do first-time theft defendants always get diversion?
No. Diversion is not a statewide automatic right. Availability and eligibility vary by prosecutor, county, offense, record, and case facts.
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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