What are the Legal Repercussions of Check Fraud?

Posted on October 13, 2022 by admin

According to the Federal Bureau of Investigation, white collar crime “is a term that generally refers to nonviolent crimes committed by business and government professionals.” These crimes are typically motivated by financial gain, and can include embezzlement, fraud, money laundering, and bribery. In the United States, white collar crime costs businesses and taxpayers billions of dollars each year. While white collar crime is often thought of as victimless, the reality is that it can have devastating consequences for both individuals and businesses. Victims of white collar crime can suffer financial ruin, and the loss of their reputation and livelihood. Businesses can be forced to close their doors, and innocent employees can lose their jobs.

One of the most prevalent types of white collar offenses committed in the United States is check fraud. Check fraud is a type of fraud that occurs when someone uses a counterfeit, altered, or otherwise unauthorized check to pay for goods or services. Check fraud can also occur when someone writes a check without having sufficient funds in their account to cover the amount of the check, which is known as “bouncing” a check.

If you believe you are someone you love is guilty of writing, cashing, or receiving fraudulent checks, it is important to educate yourself on how the law penalizes those accused and convicted. Continue below to learn some helpful facts about check fraud, including the common legal repercussions that come along with the crime itself.

Check Fraud Lawyers Indianapolis Indiana 317-636-7514

Facts About Check Fraud

Check fraud is a type of financial crime that involves the use of fraudulent checks to illegally obtain funds from a bank or other financial institution. Check fraud can be perpetrated in a number of ways, including using stolen checks, forging signatures, altering check amounts, and using counterfeit checks. check fraud is a serious problem for both businesses and individuals, as it can lead to significant financial losses.

Penalties for Check Fraud

Check fraud is a serious crime that can result in significant fines and even jail time. The lowest level of check fraud is a Class A misdemeanor, which can lead to imprisonment for up to 1 year and a fine of $5,000. If the amount on the check was between $750 and $50,000 however, you will instead be charged with a Level 6 felony. The potential sentence for this is 6 months to 2.5 years in jail as well as up to a $10,000 fine.

If you have been charged with check fraud, it is important to consult with an experienced Indiana criminal d efense attorney who can help you understand the fraud charges against you and mount a strong defense.

How to Prevent Check Fraud

There are a number of ways to prevent check fraud, including using security features on checks, such as watermarks and microprinting, and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

Check fraud is a serious problem that can lead to significant financial losses. There are a number of ways to prevent check fraud, including using security features on checks and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

To learn everything that you need to know about your current check fraud or bank fraud charges and how they might affect your future, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced white collar crime charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

What You Can Expect From a False ID Charge in Hamilton County

Posted on September 28, 2022 by admin

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

Fake ID Criminal Charge Indianapolis Indiana 317-636-7514

Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What are the Penalties for Having a Fake ID in Indiana?

Posted on May 13, 2022 by admin

Whether you are a parent of a student who was just picked up for using a fake ID, or someone under the legal drinking age entertaining the idea of obtaining one to get into local bars and make alcohol purchases, it is important for you to understand the possible penalties for being caught with a fake ID in Indiana.

Continue reading to learn what to expect after being arrested on a fake ID charge, plus what you can do to best protect your rights and your future freedoms.

Criminal Lawyer for False ID Charges Indianapolis Indiana 317-636-7514

Expected Fake ID Penalties in Indiana

False identification can come in the form of a card, like a driver’s license or state ID, as well as a federal form of identification, like a passport or passport card. Even claiming to be eighteen or twenty-one years old to a shopkeeper or bartender can result in a false identification charge in Indiana. If arrested for being in possession of or attempting to use false identification in Indiana, the expected criminal charge will be a Class C misdemeanor, which comes with a long list of possible and serious consequences.

Although the penalties for a Class C misdemeanor conviction on a fake ID charge are wide-ranging and will vary from case to case depending on the unique circumstances and criminal history of a defendant, all convicted individuals face up to 60 days in jail, plus can expect to have their driver’s license suspended for one year and be fined up to $500. It is also possible for them to be court ordered to serve community service, usually around 40 to 80 hours.

Fake ID Charges and Penalties:

⚖ Class C Misdemeanor

▸ $500 Fine
▸ Up to 60 Days in Jail
▸ 1 Year Suspended Licensed
▸ Marks on Driving Record

Why Indiana Criminal Defense is Vital After a False ID Arrest

As you can see from the penalties listed above, being convicted of a class C misdemeanor for a fake ID charge can come with some serious and lasting consequences. That is because it is considered an alcohol-related offense. In the case that you are sentenced to 60 days in jail, you face the risk of missing work pay, being terminated from your job, missing school, losing time spent with family, and all sorts of other life responsibilities and pleasures.

To avoid the maximum penalties for your criminal charges, it is critical to retain aggressive and skilled Indiana criminal defense. They can build you a strong case against your charges and reduce the severity of your penalties.

Looking for a criminal defense lawyer to fight your false ID charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for fast and experienced criminal defense in Indianapolis, Indiana. We represent both adolescents and adults, and can hold meetings over the phone, via video conferencing, or in person at our office.

Are Burglary and Robbery Charges the Same in Indiana?

Posted on October 4, 2021 by admin

Burglary and robbery are two separate types of theft crimes that come with a separate set of penalties here in Indiana. Continue reading to learn the difference between burglary and robbery, including how they are penalized and the best way to avoid their maximum penalties.

Theft Lawyer Indianapolis IN 317-636-7514

Burglary and Robbery Fall Under the Category of Theft

It is common to confuse the crime of burglary with the crime of robbery. Many are unaware that there is a distinct legal difference.

► Robbery – Robbery is the crime of taking a person’s property or money by force, violence, or intimidation, with the intent of withholding such property from them permanently.

►Burglary – Burglary is the crime of illegally entering or breaking into a residence, building, or structure with the intent of committing a felony-level theft offense.

Here in Indiana, the punishments for burglary and theft are much different, and depend on the specific variables of the crime.

Burglary Penalties in Indiana

If a person breaks into a place that is not a dwelling or residence, such as a business or storage unit, the act is charged as a Level 5 felony. Level 5 felons are generally sentenced to anywhere from 1 to 6 years in prison with an advisory jail time of 3 years, and up to $10,000 in fines.

If a person unlawfully enters or breaks into a dwelling or residence, such as a house, apartment, condominium, mobile home, or town home, the act is charged as a Level 4 felony. Level 4 felonies are punishable by 2 to 12 years in prison with an advisory jail time of 6 years, and up to $10,000 in fines.

If a person is injured during the burglary, the offense bumps up to a Level 3 felony, which is punishable by 3 to 16 years in prison with an advisory jail time of 9 years, and up to $10,000 in fines.

See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

Robbery Penalties in Indiana

If a person commits the crime of robbery, they are generally charged with a Level 5 Felony, which is penalized by up to 6 years in prison and up to $10,000 in fines.

If a person uses a deadly weapon to commit robbery, it is charged as armed robbery, which comes with more serious penalties. Armed robbery is charged as a Level 3 Felony, which as already mentioned, is punishable by up to 16 years in prison and up to $10,000 in fines.

Repeat offenders can face up to three times the advisory prison sentences for robbery.

See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

Are you facing felony theft charges like robbery or burglary in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or beating your theft charges in Indianapolis. We represent defendants all throughout the state, and can hold consultations and meetings in person or over the phone.

You Should Also Read:

The Difference Between Car Theft and Grand Theft Auto
Were You Charged With Misdemeanor or Felony Theft in Indiana?
Typical Sentence for Indiana Shoplifting Charge

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Common Types of Property Crimes and Penalties in Indiana

Posted on August 3, 2021 by admin

There are several different types of property crimes that one can commit here in Indiana. From vandalism to arson, and many in between, Indiana does not take such offenses lightly. If you or someone you love was recently arrested or indicted on property crime charges, it is vital to hire a criminal defense attorney as soon as possible to protect your rights and preserve your freedoms.

In the meantime, continue below to review some of the most common types of property crimes in Indiana and the penalties that generally follow if convicted.

Indianapolis Criminal Defense Law Firm 317-636-7514

What is a Property Crime?

A property crime is any type of intentional or unintentional act of destruction or theft to a private or public premises. In Indiana, they are punishable on a wide scale depending on circumstances and details of the crime, from Class C Misdemeanors to Level 1 Felonies.

☛ See Sentencing Guidelines for Indiana

Here are the most common types of property crimes in Indiana:

Theft

Also called larceny, theft crimes are any acts 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. Theft convictions range from Class A Misdemeanors to Level 5 Felonies depending on the value of stolen items and various other details.

Shoplifting

Shoplifting is a type of theft crime in which a person intentionally conceals merchandise from a retail store without any intention of paying for it. Putting a book in your inside jacket pocket or a necklace in your purse at a store so that you can walk out without paying for them are examples of shoplifting. Shoplifting sentences depend on the total value of the items, but they commonly range from low level infractions to Class A Misdemeanors. In more serious cases, shoplifting charges can be Felonies.

Burglary

Burglary is another subcategory of theft. Different from robbery, which involves the use of a weapon, burglary is the act of unlawfully and forcibly entering a house, building, or enclosed structure with the intent of stealing property or possessions. It can also be unlawfully entering a house or enclosed structure for the purpose of committing another type of illegal act. Like most theft crimes, the charges for burglary can range from low misdemeanors to high felonies depending on the circumstances of the crime.

Robbery

Robbery is the crime of burglary and theft all in one, but with the use of a deadly weapon, force, or threat of force. Commanding a cashier to hand over all of the money in the cash register while showing them a gun on your belt would be the crime of robbery. Robbery is a serious theft crime, so it comes with much higher charges and penalties, usually Felonies.

Arson

Arson is the crime of intentionally setting fire to or burning a house, building, structure, or area of property such as a forest or park. If someone commits the violent crime of arson, and as a result, someone suffered bodily injury, the level of punishment drastically increases, as do the subsequent penalties upon conviction. Minor cases of arson, usually with juveniles, result in Misdemeanors, while more serious crimes of arson are charged as felonies.

Vandalism

Vandalism is a very common crime that can be as minor as writing your name in marker on the bathroom stall to graffitiing an entire building façade with spray paint. Any act that degrades, devalues, destructs, defaces, damages, or destroys a property is considered a crime of vandalism. Like most property crimes, the level of punishment depends on the severity of the crime and total value of damage. Sentences range from low-level infractions to Level 5 felonies.

Are you facing criminal charges for one of these types of property crimes in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation for theft crimes in Indianapolis, IN today.

You Should Also Read:

Is it Possible to Reduce My Criminal Charges?
Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana
Can I Be Arrested for Setting a Fire on My Property?

Were You Charged With Misdemeanor or Felony Theft in Indiana?

Posted on March 4, 2021 by admin

Contact Attorney David E. Lewis if Were Arrested on for a Theft Crime in Indiana

Whether you have pending shoplifting, robbery, burglary, or grand theft auto charges, our skilled Indianapolis criminal defense legal teams are aggressive, and can build you a strong and impactful defense to protect you from the maximum penalties for your theft charges in Indiana.

Criminal Defense Law Firm 317-636-7514 — Theft Crime Criminal Defense Lawyer 317-636-7514

Indiana Theft Charges are No Match for Attorney David E. Lewis

When it comes to theft charges, it is critical to choose the right defense attorney to preserve and protect your rights. David E. Lewis, Attorney at Law, provides a level of defense that few other firms can match. He will build a strong argument for your case to gain a more promising outcome for you and your future.

Whether arrested for burglary or grand theft auto, our Indianapolis Indiana criminal defense law firm has the drive and determination necessary to reduce theft charges, dismiss cases, or enter into an alternative sentencing agreement. Our esteemed and seasoned legal teams will stop at nothing to win a more successful outcome in court for you. We work hard to protect our client’s well-being, future, and good name.

Sentences for Theft Crimes in Indiana

In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen.

► Stolen Property Less than $750 = Class A Misdemeanor
► Stolen Property Between $750 – $50,000 = Level 6 Felony
► Stolen Property Greater Than $50,000 or a Motor Vehicle = Level 5 Felony

Preserving Your Rights and Protecting Your Freedoms After a Theft Arrest in Indiana

Attorney David E. Lewis and his seasoned staff of legal professionals know exactly how the criminal law process works here in Indiana, and on a Federal level. Our law firm has a full understanding of courtroom strategies and tactics, and remain current and well-versed in criminal legislation. Whether you are facing grand theft auto, robbery, shoplifting, burglary, or some other petit grand theft crime that falls between, our acute knowledge and years of hands-on experience gives us the litigation skills needed to get the best possible resolution to your Indiana criminal case. Attorney David E. Lewis stops at nothing to make sure your rights are protected, and your freedoms preserved. This means avoiding jail time.

Arrested for theft crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation online, over-the-phone, or in-person at our Indianapolis office.

You Should Also Read:

The Difference Between Car Theft and Grand Theft Auto
Standard Indiana Penalties for Theft Convictions
Typical Sentence for Indiana Shoplifting Charge

Common Arrests That Happen on Halloween and How to Avoid Them

Posted on October 28, 2020 by admin

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

The Most Common Types of Halloween Arrests

► Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.

► Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

► Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

► Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

Typical Sentence for Indiana Shoplifting Charge

Posted on March 18, 2020 by admin

Were you recently arrested for shoplifting? Petty or not, you are facing some serious criminal charges as an Indiana resident. However, with the right representation and knowledge, you can fight your shoplifting charges in order to avoid the maximum penalties typically handed down in court upon sentencing. Continue reading to learn what to expect in terms of being sentenced for shoplifting in Indiana, as well as, who to trust for aggressive criminal defense near you.

Indiana Shoplifting Crimes

Here in Indiana, the crime of shoplifting falls under the umbrella category of larceny, which is theft. In fact, there is not a separate crime specifically for shoplifting; it is simply charged as theft. In However, shoplifting is still appointed a definition, which is willfully taking and concealing merchandise that is for sale, and in turn, permanently depriving the owner of the merchandise by not paying the purchasing price. From minor shoplifting and burglary, to robbery, fraud, grand theft auto, embezzlement, and more, the list of possible types of theft crimes is virtually endless.

Theft Penalties

Unfortunately, theft is charged as a felony in our state. But when it comes to the crime of shoplifting, you can feel relief knowing that, because it is more on the minor side of theft offenses, shoplifters are often prosecuted for a lesser offense known as conversion, which is typically a Class A Misdemeanor. You see, while theft is considered an act of taking something that belongs to someone else with the intention of depriving them of that item forever, the act of conversion occurs when a person takes something from someone without permission, but with the intention of returning. This is referred to under law as criminal conversion, which is a less severe charge than theft. An example of criminal conversions would be if a person takes another person’s car without permission, but intends on returning it to the owner later on.

However, after being arrested for shoplifting, it is not guaranteed that you will be charged with conversion. That is because the overall monetary value of the items stolen will greatly affect your ultimate sentence. The higher the value, the more severe of a sentence you can expect. In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen.

Here are the standard sentences for shoplifting in Indiana, which can be read in detail under Indiana Code §35-43-4-1 through §35-43-4-3:

Value Less than $750 = Class A Misdemeanor
Value Between $750 and $50,000 = Level 6 Felony
Value Greater Than $50,000 (or a Vehicle) = Level 5 Felony

Prosecutors in Indiana have the discretion of charging a defendant with something as low as an infraction, to something as high as a Level 5 felony. For instance, a teenager who steals a pack of gum from the gas station will likely get off with an infraction, while a habitual cat burglar will be handed down a severe sentence that likely includes jail time.

Your Best Option for Beating an Indiana Theft Charge

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with shoplifting or theft in Indianapolis or anywhere else within Central Indiana. Our law firm offers aggressive and experienced criminal defense for anyone facing theft crimes in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

The Difference Between Car Theft and Grand Theft Auto

Posted on October 14, 2019 by admin

Last week, we cleared up the confusion regarding the difference between burglary crimes and robbery crimes. Today, we will continue the discussion of Indiana theft laws and penalties by outlining the difference between two very common types of theft that involve cars: car theft and grand theft auto. Continue reading to get started.

Car Theft

Grand theft auto is the same offense as car theft. If a person steals a vehicle with the intent of keeping it, or not returning it, it is considered the crime of grand theft auto.

Theft of a motor vehicle is a Level 5 Felony crime in Indiana, which are punishable by 2 to 8 years in prison, up to $10,000 in fines, and additional strict penalties. The type of felony and subsequent penalties can increase depending on the details and circumstances of the crime. Furthermore, auto theft does not apply to just cars and trucks; it also includes boats, motorcycles, campers, and other vehicles.

Criminal Conversion Theft

If a person commits theft of a vehicle without the intention of depriving the property forever, Indiana will charge this as “criminal conversion” instead of a felony theft charge. An example of criminal conversion would be borrowing a person’s car without their permission, but with the intent of returning it when finished. If you commit this crime, you could face Class A misdemeanor criminal charges. In some instances, Indiana will charge a person with a Class A misdemeanor if the property value is under a certain dollar amount; and amount that is generally at the prosecutor’s discretion.

Unauthorized Use (Joy-Riding)

If a person takes another person’s vehicle without permission with the intent to return it, they are violating Indiana’s Unauthorized Control of a Vehicle Statute, a crime commonly called joy-riding. Although it is a crime, it is not a car theft crime. Instead, it is charged as a less serious misdemeanor crime.

Car Rental Theft

In the case that a person rents a vehicle from a commercial business, and then fails to return it after 30 days of signing the rental car agreement (or 3 days following a written demand for the vehicle’s return), then they are guilty of an auto theft crime. If a written or mailed demand for the vehicle’s return is sent to the address on the signed agreement (in which case they would have 3 days to comply), but the person no longer lives there, they cannot use that as a defense.

Obtain an Aggressive Car Theft Lawyer in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with grand theft auto in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing car theft charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

The Difference Between Robbery and Burglary

Posted on October 9, 2019 by admin

Theft is an umbrella offense, meaning it is a category that encompasses a larger scope of crimes. Two of the most common types of theft crimes are burglary and robbery. In fact, you have likely watched movies depicting sneaky burglars and quick-handed bank robbers. But many assume these two terms are synonymous, when in fact, they are quite different; especially when you ask the law.

Continue reading to learn what these two crimes mean, and what you need to do if you or someone you love is facing theft charges in Indiana.

Indiana Robbery Criminal Attorney 317-636-7514

The Crime of Theft in Indiana

According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.

Burglary

A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

➣ Basic Commercial Burglary – Level 5 Felony
➣ Residential Burglary – Level 4 Felony
➣ Burglary Resulting in Physical Injury – Level 3 Felony
➣ Burglary While Armed with Deadly Weapon: Level 2 Felony
➣ Residential Burglary Resulting in Physical Injury : Level 1 Felony

Robbery

A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

➣ Robbery: Level 5 felony
➣ Armed Robbery: Level 3 felony

An Example of the Difference

If a person enters a bank, holds up a gun, and demands cash from the teller, they are robbing the bank. If they were to have broken into the bank after hours and stole from the safe, it would be considered burglary.

If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.

How to Defend Your Theft Charges

Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.

Indiana Theft Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!