How to Beat a Theft Charge in Indiana: Legal Strategies That Work

Being charged with theft in Indiana can be overwhelming, but you have legal options. A theft conviction can have serious consequences, including fines, jail time, and a permanent criminal record. However, not every theft charge leads to a conviction—the prosecution must prove specific elements beyond a reasonable doubt.

As a criminal defense attorney in Indiana, I have successfully helped clients fight theft charges by challenging intent, reviewing circumstances, and contesting evidence. Here’s what you need to know if you’re facing a theft charge and want to protect your future.

What Is Theft Under Indiana Law?

In Indiana, theft is legally defined as:

Knowingly or intentionally exerting unauthorized control over someone else’s property with the intent to deprive them of its value or use.

💡 Key Elements the Prosecution Must Prove:
✔ Unauthorized Control – Taking property without permission.
✔ Knowledge or Intent – You must have intended to deprive the owner of the property permanently.

If the prosecution fails to prove both elements, your theft charge may be reduced or dismissed.

Defense Strategy #1: Challenge the Intent to Steal

One of the strongest defenses in a theft case is proving that you did not intend to steal the property.

🛑 Common Defenses Based on Lack of Intent:

🔹 Mistake or misunderstanding – If you accidentally walked out of a store with an item, this is not a crime—it was an honest mistake.

🔹 Permissive Use – If you borrowed an item from a friend or had permission to use it, you did not commit theft.

🔹 Lack of Knowledge – If you unknowingly possessed stolen property but had no reason to suspect it was stolen, you are not guilty of theft.

✅ Example Defense:
You borrowed a friend’s car with permission, but later, they accuse you of theft. If you reasonably believed you had permission, you did not commit theft under Indiana law.

Defense Strategy #2: Examine the Circumstances of the Alleged Theft

The specific facts of your case matter. If the prosecution’s version of events does not make sense, this can be used in your defense.

🛑 Examples of Circumstances That Could Lead to Dismissal:

🔹 Self-Checkout Mistake – If you forgot to scan an item or the scanner malfunctioned, that does not mean you intended to steal.

🔹 Retail Store Misunderstanding – If you were carrying an unpaid item while shopping for outdoor products located outside the store (e.g., plants), it could have been an innocent mistake.

🔹 No Financial Motive – If you had enough money on you to pay for the item, it is unreasonable to assume you intended to steal.

✅ Example Defense:
You purchased $50 worth of groceries, but a small item did not scan properly. If you had no reason to steal (e.g., you had cash on you and paid for everything else), your attorney can argue that this was not a criminal act.

Defense Strategy #3: Challenge the Evidence Against You

If the prosecution does not have strong, admissible evidence, your case may be dismissed or reduced.

🛑 Ways to Challenge Evidence in a Theft Case:

🔹 Lack of Witnesses – If the store security guard or witness no longer works there or refuses to testify, the case may be weak.

🔹 Surveillance Video Issues – The state must establish a proper chain of custody for video evidence. If the footage is missing, altered, or unclear, it may not be admissible.

🔹 Illegal Search or Seizure – If police found stolen property in your possession without a warrant or probable cause, your attorney may file a motion to suppress the evidence.

🔹 Improper Police Procedures – If you were not read your Miranda Rights before making a statement, your admission may be inadmissible in court.

✅ Example Defense:
If you were detained by security at a store, but the police never read you your rights before questioning you, your attorney could argue that your statements should be excluded from evidence.

What to Do If You’re Facing a Theft Charge in Indiana

If you have been arrested or charged with theft in Indiana, take these important steps to protect your case:

✅ Remain Silent – Do not speak to police or store security without a lawyer. Anything you say can be used against you.
✅ Do Not Plead Guilty – Theft charges can often be dismissed or reduced with the right defense strategy.
✅ Contact an Experienced Criminal Defense Attorney – The sooner you have legal representation, the better your chances of fighting the charge.

Get Legal Help Today – Call Vining Legal

A theft charge does not automatically mean a conviction—there are many ways to challenge the case against you. If you or a loved one has been charged with theft in Indiana, I can help you build a strong defense and fight for the best possible outcome.

📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation

Protect your rights—get the legal help you need today.