Credit Card Fraud Charges in Indiana: What You Need to Know

Posted on April 10, 2024 by admin

In our increasingly digital world, the spectra of identity theft and financial crimes looms large, and Indiana residents are not immune to the threat of credit card fraud. With the potential of significant legal and financial repercussions, understanding the laws and your rights when faced with credit card fraud charges in the Hoosier State is crucial. This comprehensive guide is designed to walk you through everything you need to know about credit card fraud laws and defenses in Indiana.

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The Legal Definition of Credit Card Fraud in Indiana

Credit card fraud, or commonly referred to as ‘credit card theft’, under Indiana law, can encompass a variety of actions. According to statutes, it involves knowingly and with intent to defraud using, presenting, or attempting to use, a credit card, debit card, or the numbers contained on these cards, to obtain money, property, or services, with the knowledge that the card, card number, or code has been canceled or revoked or is fictitious, altered, or forged, or is being used without the authorization of the issuer or the cardholder. The law makes it clear that any attempt to obtain services or property under false pretenses using credit card information that a person knows they shouldn’t be using can constitute fraud.

Examples of Credit Card Fraud in Indiana

Making a purchase using a credit card or its number without the owner’s consent.
Manufacturing fake credit cards.
Using a stolen credit card or its details to make purchases.

The Consequences of Credit Card Fraud in Indiana

The penalties for credit card fraud in Indiana are serious and can vary based on the specific circumstances of the fraud. A conviction for credit card fraud can result in:

Imprisonment from 6 months to 3 years.
Fines ranging from $10,000 to $10,000, depending on the value of the property or services obtained.
For second or subsequent offenses, imprisonment from 2 to 8 years and fines of up to $10,000.
Victims of credit card fraud can also take civil action against the perpetrator, seeking damages for their losses.

Long-Term Impacts

A criminal record for credit card fraud can have long-term consequences, affecting opportunities for employment, housing, and credit. It’s not just the immediate legal consequences that can disrupt your life; the stigma of a financial crime can linger for years.

What to Do If You’re Accused of Credit Card Fraud

Being accused of credit card fraud is a serious matter and requires immediate action to protect yourself. If you find yourself in this situation, here are the steps you should take:

Protect Your Legal Rights

Exercising your right to remain silent and seeking legal counsel should be your first priorities. Any statements you make can be used against you in a court of law, and an attorney can help guide you through the legal process.

Seek Legal Counsel

It’s critical to consult with a criminal defense attorney as soon as possible. A qualified fraud crime lawyer can advise you on your rights, the potential defenses to your case, and the best course of action for your situation.

Gather Evidence

Your credit card fraud attorney will need as much information as possible to build a strong defense. This includes gathering documents related to the charges and any evidence that can support your innocence.

How to Defend Credit Card Fraud Charges

While the specifics of your defense strategy will depend on the details of your case, here are some common defenses that are used in credit card fraud cases:

Lack of Intent – If you can demonstrate that you did not intend to defraud anyone when you used the card, this can be a viable defense.

Lack of Knowledge – Claiming that you did not know the credit card was fraudulent or that you were using it without the card-holder’s consent can serve as a defense.

Mistaken Identity – If you can show that you were mistakenly identified as the perpetrator, this is a valid defense as well.

Conclusion: Protecting Your Future

Credit card fraud in Indiana is not something to take lightly. If you’ve been accused of this crime, your future and reputation are on the line. The best course of action is to take immediate steps to protect yourself legally and to seek the counsel of an experienced criminal defense attorney. With the right help, you can build a strong defense and work toward protecting your rights and preserving your future.

If you or someone you know is facing credit card fraud charges in Indiana, do not wait to seek legal assistance. The consequences of these charges can be life-altering, and an experienced attorney can help you understand your options and work toward the best possible outcome. Take action today to protect your future.

If you or your loved one has been charged with a fraud crime in Indiana, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned credit card fraud lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Stealing in Indiana: A Deep Dive into the Legal Consequences

Posted on October 25, 2023 by admin

Welcome to our deep dive into the legal consequences of stealing in Indiana. In this blog post, we aim to shed light on the laws surrounding theft, shoplifting, Grand theft auto, and other related offenses in the Hoosier State. Understanding these laws is crucial, as they act as a deterrent and help maintain law and order within society.

This post is meant to be informative and help educate readers on the potential repercussions of such actions. However, it is important to note that this should not be used as legal advice, but rather as a resource to increase awareness about the seriousness of stealing and its consequences in Indiana. Stay tuned as we delve into the nuances of Indiana’s theft laws.

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Definition of Stealing in Indiana

Before we dive into the legal consequences, it is essential to define what constitutes stealing in Indiana. According to Indiana Code 35-43-4-2, a person steals when they knowingly or intentionally exert unauthorized control over another’s property with the intent to deprive the other person of use or benefit thereof. This definition covers a wide range of actions, from petit and grand theft to shoplifting, embezzlement, robbery, burglary, and fraud. Therefore, it is crucial to understand the different forms of stealing and how they are punished under Indiana law.

Types of Stealing

As mentioned earlier, there are various types of stealing that are recognized under Indiana law. Let’s take a closer look at some of the most common ones:

Petit and Grand Theft

Theft is defined as taking someone else’s property without their consent and with the intention of permanently depriving them of it. This includes stealing belongings from a person, vehicle, or building. It can also involve fraudulent activities such as credit card fraud or identity theft. Car theft and Grand theft auto are also common types of theft crimes in the U.S. In all cases, theft is considered a misdemeanor (petit) or felony (grand) offense in Indiana depending on the type of stolen property and overall value. Both crimes can result in fines, imprisonment, or both, depending on the value of the stolen property.

Shoplifting

Shoplifting falls under the category of theft and is defined as intentionally taking merchandise from a store without paying for it. This can include hiding items in clothing or bags, switching price tags, or altering receipts. Shoplifting is taken seriously in Indiana, with penalties ranging from fines to jail time, depending on the value of the stolen goods. Additionally, many stores have protocols in place to prevent and catch shoplifters, making it even riskier to engage in this activity.

Car Theft

Whether one is charged with car theft or grand theft auto hinges primarily on the intentions of the person taking the vehicle. Car theft, often classified under “conversion”, involves taking someone else’s car without their permission but with the intent of returning it, such as someone borrowing a friend’s car without asking. On the other hand, grand theft auto is a more serious offense. It involves not only the unauthorized taking of a vehicle but also the intention to permanently deprive the owner of it. This could be through selling the car or stripping it for parts. Understanding these differences is critical, as it directly impacts the legal consequences that may follow.

Legal Consequences

Now that we have a better understanding of the different forms of stealing, let’s take a look at the potential legal consequences in Indiana. As mentioned before, theft is considered a felony offense and can result in imprisonment for up to two years and fines up to $10,000. The severity of the punishment depends on the value of the stolen property or services. For example, if the stolen property is worth less than $750, it is considered a Class A misdemeanor punishable by up to one year in jail and fines up to $5,000. On the other hand, if the value is over $100,000, it is considered a Level 2 felony with penalties of up to 30 years in prison and fines up to $10,000. Additionally, if a person has prior theft convictions on their record, they may face enhanced penalties for subsequent offenses.

Conclusion

In conclusion, stealing is a serious offense in Indiana and can result in significant legal consequences. It is important to understand the different types of stealing and their corresponding punishments to make informed decisions and avoid breaking the law. We hope this deep dive into the legal consequences of stealing in Indiana has been informative and helps spread awareness about the seriousness of this crime. Remember, it is always best to respect others’ property and avoid engaging in any form of theft or fraud.

Are you or your minor child facing criminal charges for theft or shoplifting in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak to a seasoned Indianapolis theft lawyer you can trust. Our law firm will get you the best possible outcome to your criminal case!

Facing Grand Theft Auto Charges in Indiana: What You Need to Know

Posted on September 27, 2023 by admin

In Indiana, facing charges for grand theft auto can be an incredibly daunting experience. This serious crime, classified as felony theft, carries with it severe repercussions that can impact your life significantly. Understanding the nature of these charges, the potential legal outcomes, and your rights under the law can be the first steps in navigating this complex situation.

This blog post intends to shed light on the essential aspects of grand theft auto charges in Indiana, providing you with valuable information and guidance during this challenging time.

Call 317-636-7514 to Speak With a Grand Theft Auto Lawyer in Indianapolis IN

Grand Theft Auto Definition

Grand theft auto, also known as GTA, is the act of stealing a motor vehicle belonging to another person. This can include cars, trucks, motorcycles, and any other type of motorized transportation. It is considered a serious crime as it not only involves theft but also the use or possession of a stolen vehicle. In Indiana, grand theft auto is categorized as felony theft, which carries harsher penalties and consequences compared to misdemeanor charges.

Penalties for Grand Theft Auto in Indiana

The penalties for grand theft auto charges in Indiana depend on the value of the stolen vehicle or property. If the value of the vehicle is less than $750, it is considered a Class A misdemeanor, punishable by up to one year in jail and fines of up to $5,000. However, if the value of the stolen vehicle exceeds $750, it is classified as a Level 6 felony, resulting in a minimum of six months and up to two and a half years in prison, along with fines of up to $10,000. Additionally, the person charged may also have their driver’s license suspended.

Defenses for Grand Theft Auto Charges

If you are facing grand theft auto charges in Indiana, it is essential to understand that there may be defenses available to you. For example, if the vehicle was taken with the owner’s consent or was repossessed due to a missed payment, this can be used as a defense against the charges. Additionally, if you did not intend to permanently deprive the owner of their vehicle or had no knowledge that the vehicle was stolen, these can also be viable defenses in court. It is crucial to discuss your specific case with a qualified attorney to determine the best defense strategy for your situation.

Your Rights When Facing Grand Theft Auto Charges

As with any criminal case, individuals facing grand theft auto charges in Indiana have rights that must be respected throughout the legal process. These include the right to remain silent, the right to an attorney, and the presumption of innocence until proven guilty. It is crucial to exercise these rights and not make any statements or confessions without first consulting with a licensed criminal defense lawyer. A qualified attorney can help protect your rights and build a strong defense on your behalf.

Conclusion

Being charged with grand theft auto in Indiana is a serious matter that requires prompt and knowledgeable action. Understanding the nature of these charges, potential penalties, and available defenses can help you navigate this challenging situation. If you are facing grand theft auto charges, it is crucial to seek legal representation from an experienced criminal defense attorney who can help protect your rights and fight for a favorable outcome in your case. Remember, facing charges does not mean you are automatically guilty, and with the right help, you can defend yourself against these accusations and move forward with your life.

While facing grand theft auto charges in Indiana may be overwhelming, knowing your rights and seeking legal assistance can make all the difference in the outcome of your case. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced and aggressive grand theft auto lawyer in Indianapolis. We have decades of experience representing misdemeanor and felony theft cases in Indiana.

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.

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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?

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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.

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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!

Attorney David E. Lewis Offers Impactful Criminal Defense for Theft Crime Offenses in Indiana

Posted on April 4, 2018 by admin

Theft Criminal Defense 317-636-7514

There are several types of theft crimes a person can face in Indiana. Whether charged with petty shoplifting, or arrested for auto theft, theft crimes can come with lasting consequences and serious legal penalties. If you were arrested for a theft crime in Indiana, it is vital to your case to learn your rights and the penalties you face. You could be sentenced to prison, extreme fines, and more if you do not take action fast. The only way to protect yourself from receiving the maximum penalties for theft charges is to hire a tough and experienced criminal lawyer.

Attorney David E. Lewis has represented numerous theft crime cases, and can save you from unfair penalization for theft charges. He is the theft lawyer that is known for aggressive and powerful defense, using his thorough understanding of courtroom procedures and tactics from his hands-on experience to win the most favorable outcome possible for his clients. Look below at all of the different cases our law firm handles here in Indiana.

Our Theft Crimes Defense Practice Areas Include:

☑ AUTO THEFT
☑ CREDIT CARD THEFT
☑ BURGLARY
☑ FRAUD
☑ SHOPLIFTING
☑ ACCEPTING STOLEN GOODS
☑ MISDEMEANOR THEFT
☑ FELONY THEFT
☑ ROBBERY
☑ AND MORE

Auto Theft Charges

The act of stealing a vehicle is called auto theft. Although portrayed differently in the media, car theft is not the glamorous and exciting crime as seen on television, but rather a serious Indiana felony crime that comes with lasting consequences. If you have been charged with auto theft in Indiana, it is vital to your future and your freedom to retain competent legal services. David E. Lewis, Attorney at Law, has extensive trial and litigation experience in the criminal law field and knows how to position you in front of the courts in a way that’s most favorable to your case.

Robbery and Burglary Charges

Burglary, also referred to as “breaking and entering”, is a serious felony crime that often results in multiple criminal charges since more than one crime is usually committed. A person can be charged with the crime of burglary if they illegally enter any type of structure, not just homes. This includes businesses, schools, trailers, campers, houseboats, tents, campsites, and more. Robbery is the crime of taking another person’s money or property by either instilling fear in them, or using force, violence, or intimidation.

Depending on whether or not a weapon was used to commit the crime, robbery is generally charged as either Level 6 or Level 5 felony offenses. In Indiana, the penalties for robbery and burglary charges are at felony levels, and can affect several aspects of your life, both instantaneously and long-term. To avoid prison sentences and over-penalization, you need a theft attorney who knows burglary and robbery criminal law. David E. Lewis is the tough and driven criminal lawyer that will work around the clock to and protect your best interests and secure your freedom!

Shoplifting Charges

Taking merchandise from a commercial store or business without paying for it is a shoplifting crime. But for objects of high value, a person can potentially face grand larceny charges, an offense that comes with a much more serious conviction. Although not the most serious of misdemeanor and felony theft crimes, shoplifting is still penalized harshly in Indiana, and can subject a person to jail time and expensive fines. With competent legal counsel, however, those charged with shoplifting have a stronger chance at dropping or reducing their charges and avoiding strict penalties!

An Indianapolis Criminal Defense Attorney You Can Trust

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your theft criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

A Brief Look at Indiana Shoplifting Laws

Posted on November 28, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

It is only human to make mistakes. And sometimes those mistakes come in the form of taking something that does not belong to you. This is called theft, and is a serious crime in Indiana. There are many types of theft, including carjacking, fraud, embezzlement, and more. But one of the most common forms of theft among Hoosiers is shoplifting.

If you caught shoplifting, you know just how humiliating it can be. But just because you think you are guilty, you shouldn’t have to face the maximum penalties for your crime. In fact, sometimes a person’s actions are misinterpreted, which leads to a shoplifting arrest. This is why it is so critical to your freedom and your future to retain the services of an experienced criminal defense lawyer for help avoiding jail time and more.

If you are facing shoplifting charges in Indiana, continue reading for a brief look at the laws surrounding such theft.

Indiana Theft and Shoplifting Laws

Theft is considered an act of taking something that belongs to someone else, with the intention of depriving them of that item forever. If a person takes something from someone without permission, but with the intention of returning it, it is called “criminal conversion” and 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.

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

With so many theft cases coursing through the Indiana courtrooms, it is important to have proficient representation. A public defender simply does not have the time to give your case, which can put you at risk of being penalized to the fullest extent. A private criminal attorney is the best source for reducing or dismissing charges against you for shoplifting.

Check out our blog next week for a closer look at some common types of shoplifting theft!

Indianapolis Criminal Attorney

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing shoplifting charges in Indiana. He works around the clock and uses every resource in his power to protect your rights and preserve your freedoms. As a licensed and experienced criminal lawyer, he takes on all cases, regardless of the crimes you are charged with. He also offers free initial consultations! Call 317-636-7514 to schedule an appointment with an Indianapolis criminal attorney you can trust.