What Constitutes Theft in Indiana?

Under Indiana Code 35-43-4-2, a person commits theft when they knowingly or intentionally exert unauthorized control over another person’s property with the intent to deprive them of its value or use.

Indiana law further defines unauthorized control as occurring in situations such as:

✅ Taking property without the owner’s consent
✅ Exceeding the scope of permission granted by the owner
✅ Creating a false impression to obtain property
✅ Failing to correct a known false impression when in a position of trust
✅ Making a promise of performance the person knows won’t be fulfilled
✅ Threatening to damage property or impair another’s rights
✅ Illegally transferring or reproducing recorded sounds or performances

The prosecution must prove intent, making legal representation critical in building your defense.

Theft Penalties in Indiana

The penalties for theft-related offenses vary depending on the value of the stolen property and any prior convictions.

Offense LevelValue of Stolen PropertyPotential SentenceClass A MisdemeanorLess than $750Up to 1 year in jail & fines up to $5,000Level 6 Felony$750 to $50,000 OR prior theft conviction6 months to 2.5 years in prison & fines up to $10,000Level 5 FelonyMore than $50,000 OR certain aggravating factors1 to 6 years in prison & fines up to $10,000

Shoplifting in Indiana

Shoplifting is charged as theft under Indiana law and carries the same penalties. Even first-time offenders can face harsh consequences, including a permanent criminal record that affects employment, housing, and education opportunities.

How Vining Legal Can Help Fight Your Theft Charge

At Vining Legal, we take a strategic and aggressive approach to theft defense. Depending on the facts of your case, we may:

✅ Suppress Illegally Obtained Evidence

Both the U.S. Constitution and Indiana Constitution protect against unreasonable search and seizure. If law enforcement obtained evidence illegally, we will file a motion to suppress so it cannot be used against you.

👉 Example: Were stolen items found during an illegal search? If so, we will challenge the legality of the evidence.

✅ Challenge Witness Credibility

Many theft cases rely on witness testimony, including store employees, police officers, or third parties. We thoroughly investigate their statements, cross-checking against police reports and surveillance footage to expose inconsistencies or false allegations.

✅ Negotiate a Plea Agreement

A strong defense can lead to:
✔ Reduced charges (felony reduced to misdemeanor)
✔ Pretrial diversion (avoiding a conviction altogether)
✔ Lower jail time, probation, or fines

✅ Prove Reasonable Doubt at Trial

To secure a conviction, the prosecution must prove beyond a reasonable doubt that you intended to steal. We challenge their case by:

• Exposing errors in the investigation

• Showing lack of intent (e.g., mistaken belief the item was yours)

• Highlighting weak or circumstantial evidence

✅ Advocate for a Lenient Sentence

If convicted, we argue mitigating factors (e.g., first-time offense, financial hardship, or lack of criminal intent) to secure a lighter sentence.

Don’t Face a Theft Charge Alone – Contact Vining Legal Today

A theft conviction can have long-lasting consequences—but you have options. The sooner you contact an experienced Indiana theft attorney, the stronger your defense will be.

📞 Call Vining Legal today at (317) 759-3225 or contact us online for a free consultation.