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.

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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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Indiana Penalties for Arson Crimes

Posted on January 24, 2020 by admin

When someone intentionally sets fire to something of value by means of fire, explosives, or destructive device, and property damage results, they have committed the crime of arson. Arson is NOT the crime of intentionally setting fire to cause bodily harm. That would be considered murder, manslaughter, or some other form of violent crime. But because arson has the potential to cause both property damage and bodily harm, it is a very dangerous act, and therefore, considered a very serious offense. Accordingly, each state serves to set an example of those who are convicted.

Continue reading to learn how Indiana penalizes arson crimes, and what you need to do if you were recently charged with a similar crime.

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Indiana Arson Charges and Penalties

Here in Indiana, arson is a felony. The type of felony depends on the level of arson committed. For instance, arson crimes are penalized as low as a Level 6 felony, to as high as a Level 2 felony. Here are the Indiana penalization and sentencing schedules for them:

Level 6 Felony
➢ 6 months to 2 ½ years in jail with an advisory sentence of 1 year; Up to $10,000 in fines.

Level 6 felony arson charges are often referred to as “wobblers” by criminal defense lawyers because they can usually be reduced to a Class A misdemeanor, which is less severe in terms on penalties. A Class A misdemeanor is punishable by 0 to 1 year in jail and up to $5,000 in fines.

Level 5 Felony
➢ 1 to 6 years in jail with an advisory sentence of 3 years; Up to $10,000 in fines.

Level 4 Felony
➢ 2 to 12 years in jail with an advisory sentence of 6 years; Up to $10,000 in fines.

Level 3 Felony
➢ 3 to 16 years in jail with an advisory sentence of 9 years; Up to $10,000 in fines.

Level 2 Felony
➢ 10 to 30 years in jail with an advisory sentence of 17 ½ years; Up to $10,000 in fines.

Under Indiana’s arson laws, an act of arson that harms multiple victims counts as individual offenses. This means that if an arson defendant injured 5 people as a result of their fire, they would be charged with 5 counts of arson, with each count adding up in penalties. See Indiana Code Section 35-43-1-1 to view the full list of laws and penalties for arson.

Are You Facing Indiana Arson Charges?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your felony arson case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana arson charges so that you have a chance at avoiding the maximum penalties for your suspected felony crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

Can I Be Arrested for Setting a Fire on My Property?

Posted on January 15, 2020 by admin

Whether it’s a pile of leaves, your ex’s forget-me-nots, or simply a curious science experiment in the works, there are many of reasons why you might be asking about the legalities of setting a fire on your property. As it turns out, it is a very important and responsible inquiry to ask since Indiana does have certain regulations that restrict outdoor burning practices, known as open burning laws.

Continue reading to learn what you need to know about such laws before stepping outside and igniting something into flames.

Indiana Open Burning Laws

Here in Indiana, the law defines open burning as burning materials in a way that results in the release of smoke and harmful emissions. Because such by-product doesn’t pass through a chimney or vent, it directly pollutes the air, and thus, harms both the environment and our health. For these reasons, the state imposes certain limitations on open burning appositely called open burning laws.

Burning trash and other materials for the purpose of disposal in an open-style fashion is illegal here in Indiana. However, there are certain exemptions that allow opening burning known as exempt burning activities. If your particular burning need falls within the boundaries of these exceptions, opening burning is likely legal. Examples of such exemptions include boy and girl scouting training, recreational fires, ceremonial fires, fire pits, barbecues, and similar things that involve lighting an outdoor fire.

Keep in mind, there are still certain terms and conditions for even exempt burning activities, so be sure to always check with the local municipality for the rules on these activities. Furthermore, even if your state or local ordinances permit open burning, you have to adhere to any active fire bans that might be in place at the time. When it comes to operations like fireman training, disaster debris management, land clearing, and prescribed burns, authorities must first require approval from the Indiana Department of Environmental Management (IDEM). View a comprehensive list of Indiana’s open burn laws and rules.

Getting Arrested for Starting a Fire

If you are reported or caught in the act of breaking any open burn laws in Indiana, you will face hefty fines and potential bans from certain areas. As for being arrested, it is very unlikely that you will go to jail for burning something outside on your property unless the activity directly results in damage to another person or property. In such a case, you could be arrested and charged with a type of arson, which is a federal-level crime.

Federal crimes are more serious than state crimes, or misdemeanors, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. See our blog, “How Indiana Classifies Felony Offenses” to learn more about felony criminal charges and penalties.

If you are facing felony charges for arson in Indiana, it is vital that you contact a seasoned criminal defense lawyer to get started in your defense before it’s too late. You have a much higher chance at avoiding the maximum penalties, including jail time, for an Indiana arson conviction if you have the right attorney on your side.

An Indiana Criminal Defense Lawyer You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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