Theft Crime Defense in Fishers

How Indiana Defines Theft & Related Offenses

Under Indiana Code 35-43-4-2(a), theft occurs when a person knowingly or intentionally exerts unauthorized control over another person’s property with the intent to deprive that person of its value or use. Intent and authorization are therefore central issues, not merely whether property changed hands.

Indiana doesn’t define shoplifting as a separate offense. An allegation that someone took merchandise from a store is generally prosecuted under the theft statute. Possession, payment, concealment, identification, and intent can all require careful review.

Criminal Conversion
Conversion involves knowingly or intentionally controlling another person’s property without permission, but without the intent to deprive required for theft. That distinction matters because improper control alone doesn’t necessarily establish every element of a theft charge.

Entrusted Property

Indiana doesn’t have a separately named embezzlement offense. Alleged misuse of entrusted property by an employee, agent, or trustee may instead be charged as theft. These cases can turn on the person’s authority over the property, the scope of that authority, and what the evidence indicates about intent.

Theft Charge Levels & Potential Penalties

Theft is generally a Class A misdemeanor unless the property value, criminal history, or another statutory circumstance elevates it. The classification determines the available sentencing range, although the outcome of an individual case depends on its facts and procedural history.

Indiana theft classifications include:

• Class A misdemeanor: The standard classification when no statutory enhancement applies. A conviction carries up to one year in jail and a fine of up to $5,000.
• Level 6 felony: Property valued at least $750 but less than $50,000 can support this charge. A prior unrelated conviction for theft, criminal conversion, robbery, or burglary can also elevate the allegation.
• Level 5 felony: Property valued at $50,000 or more can support this felony classification.

Felony convictions at these levels carry higher potential prison terms and fines than a Class A misdemeanor. The alleged property value and the records used to establish it should be examined rather than assumed.

Organized Theft & Organized Retail Theft

Organized theft can be charged as a Level 6 felony when a person agrees with at least two other people to commit theft and performs an overt act, meaning a step taken to advance the agreement. This allegation requires more than several people being at the same location.

Organized retail theft concerns unauthorized control over a retail merchant’s property with the intent to distribute it for resale. It can also be filed as a Level 6 felony and may escalate when additional circumstances specified by Indiana law apply. Communications, transaction records, surveillance, and evidence of an alleged resale plan may become important.

The Hamilton County Court Process

Criminal cases arising in Fishers and Hamilton County are generally prosecuted through the Hamilton County Judicial Center and Hamilton County Courthouse in Noblesville. Preliminary hearings, bail hearings, and pretrial conferences may take place at the Judicial Center.

A case may proceed through initial hearings, pretrial conferences, motion practice, and trial if it isn’t resolved beforehand. Its path depends on the charge level, disputed evidence, negotiations, court scheduling, and decisions made by the accused person with legal counsel.

Expungement After a Theft Conviction

Indiana’s Second Chance law governs whether a theft conviction may qualify for expungement, a legal process that can seal or limit access to qualifying criminal records. Eligibility requires a case-specific review of the conviction and the applicable statutory criteria.

Waiting periods and other requirements vary by offense and disposition. A prior conviction shouldn’t be assumed eligible or ineligible without reviewing the court record, completion of the sentence, subsequent history, and current Indiana law.