Standard Indiana Penalties for Theft Convictions

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

If a person knowingly and deliberately takes control of another property with the intent to keep it away from them permanently, that person is committing the crime of theft according to Indiana legislature. If they are caught committing this criminal act, they can be arrested, detained, and charged with theft. There are several types of theft charges because there are so many different types of theft: white color crimes, fraud, grand theft auto, shoplifting, and more.

Every type of theft charge comes with a strict set of penalties, but they all differ from case to case. The severity of penalties, including jail time, also differ depending on the type of theft and the total accumulated value of the stolen items. Continue reading for a brief look at the standard penalties for common theft charges and convictions in Indiana.

Indiana Theft Charges and Penalties

Theft is considered the act of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property.

In minor to moderate cases, theft is a Class A Misdemeanor. This is punishable by up to 1 year in jail and up to $5,000 in fines. However, certain enhancements can increase the level of punishment. In moderate to major cases of theft, the crime ranges from Level 5 to Level 6 Felonies. Look below for details of each.

IC 35-43-4-2

Theft if a Level 6 Felony if:

➝ The value of stolen property is between $750 and $50,000.
➝ The stolen property is a firearm.
➝ The offender has a prior theft conviction of similar nature.
➝ And More

A Level 6 Felony punishable by 1 to 3 years in prison, and up to $10,000 in fines.

Theft if a Level 5 Felony if:

➝ The value of stolen property is $50,000 or more.
➝ The stolen property is a valuable metal.
➝ The stolen property came from a hospital, healthcare facility, public utility, telecommunications provider, or key facility.
➝ The stolen property relates to transportation safety.
➝ The stolen property relates to public safety.
➝ The stolen property’s absent creates a risk of public safety or bodily injury to another person.
➝ And More

A Level 5 Felony punishable by 2 to 8 years in prison, and up to $10,000 in fines.

Arrested for Theft?

Theft charges, as well as the laws surrounding theft in Indiana, are complex and vary from case to case. For this reason, it is important to hire an experienced criminal defense attorney for help navigating your case, protecting your rights, and preserving your freedoms. With a reputable defense lawyer in your corner, you have the best chance at avoiding the maximum penalties for your theft charges.

Indianapolis Theft Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm uses every resource in our power to protect your rights and preserve your freedoms. Schedule a free initial consultation to begin strategizing a powerful and impactful defense for your theft charges. Avoid the maximum penalties for theft charges in Indiana with the help of David E. Lewis, Attorney at Law!

What are Pirtle Rights?

You’ve probably heard of the common American criminal jurisprudence called the Miranda Rights. These are the rights given to criminal suspects to protect them from incriminating themselves further. You can learn more about your Miranda rights by reviewing the fifth and sixth amendments of the United States Bill of Rights. They read as follows:

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

Review our blogs about “Understanding Your Miranda Rights” for a closer look behind the meaning of these amendments and their origins.

But aside from criminal suspect rights prior to an arrest, there’s another set of rights that exist to protect suspected criminals from impeaching searches and seizures. This is called the Pirtle Rights. Continue reading to learn more.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Your Pirtle Rights

The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

However, there are exceptions to this rule. If a police officer has reasonable belief that a person’s vehicle or property contains evidence related to the stop or arrest. For example, if a person is pulled over for speeding and the officer smells marijuana emitting from the person’s vehicle, the officer would be legally permitted to carry out a search of the vehicle since they have a reason to believe there may be drugs present.

It is important to discuss your personal rights with an experienced criminal defense attorney before choosing to invoke them during any future run-ins with law enforcement. Because there are some exceptions to the rule of your Pirtle rights, it is important to understand when it is appropriate to invoke them and when it is not. A trusted Indianapolis defense lawyer can provide you accurate and up-to-date information regarding all of your rights as a suspected criminal in Indiana.

Indianapolis Defense Attorney

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indiana. Our law firm works around the clock, using every resource at our power to secure the best possible outcome for our client’s cases. Our top priority is to protect your rights and preserve your freedoms as a criminal suspect in Indiana. We offer free initial consultations to discuss your criminal charges and the best strategies for defense.

Current Law Enforcement Trends for Detecting High Driving

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Many states with the U.S. are moving toward some form of legalization for cannabis, or marijuana. However, Indiana is not one of those states. Driving high will render you the same legal consequences as driving drunk here in the Hoosier state. But how do cops know a person is under the influence of marijuana? Testing for alcohol is a much easier process, but law enforcement is finding new ways every day to monitor and regulate the increasing amounts of high drivers.

Driving Drunk

When is a driver is suspected of being under the influence, cops simply use a variety of tests to read gauge their level of intoxication, otherwise known as blood alcohol level (BAC). This includes breathalyzer tests, which have been used since the early 1930’s, as well as, field observation tests and blood tests. Having a blood alcohol level higher than 0.08% will get you a drunk driving charge, which is a serious criminal offense in Indiana. Sadly, the majority of fatal car crashes are alcohol-related. Regulating blood alcohol levels is easy to do, and has been for quite some time, however, the story is not so similar in terms of driving high.

Driving High

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Currently in Indiana, there is not an accurate, roadside equivalent test for marijuana, but there is a zero tolerance policy for driving high. And although it is more difficult to test for cannabis during a routine traffic stop, it may be possible. Officers are trained to look for a wide range of visual, physical, and behavioral signals that are known indicators of intoxication. This includes impaired speech, bloodshot eyes, lack of focus, odd behavior, residual marijuana smell (or smoke), and more. They can also implement standardized field sobriety tests (horizontal gaze nystagmus, walk and turn test, one-leg stand) to gauge a person’s reflexes and agility.

There are a variety of roadside oral fluid testing devices being tested by select law enforcement departments. These devices basically swab a person’s saliva, but they are not yet proven or even approved methods of measuring THC in Indiana. In states where recreational or medicinal marijuana are legal, it is allowed to drive with a certain, pre-determined level of THC, or Tetrahydrachloride (the chemical in cannabis that appears on drug screens). For example, Colorado allows up to 4 nanograms of THC in a drivers system, legally. Anything higher is considered intoxicated driving.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.