Category Archives: Grand Theft Auto

Navigating Carjacking Charges: Indiana’s Legal Guide

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Carjacking and related offenses are serious crimes in Indiana that carry severe penalties. Understanding the legal landscape surrounding carjacking charges is crucial for defendants and their families. Whether you’re facing charges or seeking information to stay informed, this guide will provide valuable insights into the specifics of carjacking defense in Indiana.

Call 317-636-7514 if You Are Facing Carjacking Criminal Charges in Indianapolis
Call 317-636-7514 if You Are Facing Carjacking Criminal Charges in Indianapolis

Carjacking vs. Grand Theft Auto vs. Car Theft

Carjacking, grand theft auto, and related offenses involve the unlawful taking of a vehicle, often through force or intimidation. These crimes not only leave victims in distress but also carry harsh legal consequences. Understanding the nuances between these offenses is essential for comprehending the charges one might face and the potential defenses available.

Carjacking: Carjacking is the act of stealing a vehicle directly from its owner through the use of force, intimidation, or threats. Unlike simple car theft, carjacking involves a personal and violent confrontation between the thief and the vehicle owner, often elevating the severity of the crime.

Grand Theft Auto: This term typically refers to the unlawful taking of a vehicle with the intent to permanently deprive the owner of it. In legal terms, it’s considered a felony due to the high value of most vehicles.

Car Theft: Car theft can be a broader term encompassing various acts of stealing vehicles, including carjacking and grand theft auto.

Possible Related Offenses:

  • Robbery: Taking property from someone through force or intimidation.
  • Burglary: Entering a structure unlawfully with intent to commit a crime inside, which might include stealing a car from a garage.

The Legal Process for Carjacking Defendants in Indiana

Arrest and Charges – Once arrested for carjacking, a defendant will face formal charges. These charges can range from:

  • Felony Carjacking: Due to its violent nature, carjacking is typically charged as a felony.
  • Related Offenses: Depending on the circumstances, additional charges such as assault or robbery may be levied.

Arraignment – During the arraignment, the defendant is formally read the charges and asked to enter a plea. This is a critical stage where having a criminal defense lawyer present can make a significant difference.

Pre-Trial Proceedings – The pre-trial phase includes discovery (exchange of evidence) and possible plea negotiations. Your attorney will work to build a strong defense, challenge the prosecution’s evidence, and explore plea bargain opportunities if appropriate.

Common Carjacking Defenses

  • Mistaken Identity: Arguing that the defendant was wrongly identified as the perpetrator.
  • Lack of Intent: Demonstrating that the defendant did not intend to permanently deprive the owner of their vehicle.
  • Coercion or Duress: Showing that the defendant was forced to commit the crime under threat of harm.
  • Alibi: Providing evidence that the defendant was elsewhere when the crime occurred.

Evidence and Testimonies

A strong defense may include eyewitness testimony, surveillance footage, forensic evidence, and expert witnesses. Your defense lawyer will scrutinize the prosecution’s case and present evidence to support your innocence or mitigate charges.

What to Expect During a Criminal Trial or Plea Bargain

Criminal Trial

If the case goes to trial, both the defense and prosecution will present their evidence and arguments before a judge or jury. The trial process involves:

  1. Jury Selection: Choosing impartial jurors to hear the case.
  2. Opening Statements: Both sides outline their cases.
  3. Presentation of Evidence: Witnesses testify, and physical evidence is presented.
  4. Closing Arguments: Final summaries of each side’s case.
  5. Jury Deliberation and Verdict: The jury deliberates and returns a verdict.

Plea Bargain

In many cases, a plea bargain may be reached before trial. This involves the defendant agreeing to plead guilty to a lesser charge in exchange for a reduced sentence. An experienced criminal defense lawyer can negotiate favorable terms.

The Importance of Legal Representation for Car Theft and Robbery Charges

Facing carjacking or related charges without legal representation is risky. A seasoned criminal defense lawyer provides:

  • Expertise: Knowledge of Indiana criminal law and courtroom procedures.
  • Strategy: Developing a robust defense tailored to your case.
  • Negotiation: Skilled negotiation for plea bargains and reduced sentences.
  • Support: Guidance through each step of the legal process.

Look For a Lawyer With:

  • Proven experience in handling carjacking and related offenses.
  • A track record of successful defenses and favorable plea deals.
  • Strong communication skills and client testimonials.

Conclusion

Navigating carjacking charges in Indiana requires a comprehensive understanding of the legal process, potential defenses, and the importance of skilled legal representation. If you or someone you know is facing such charges, it’s essential to act swiftly and consult with a knowledgeable criminal defense lawyer.

Don’t face these serious charges alone. Contact Attorney David E. Lewis at 317-636-7514 today for a free consultation and take the first step towards a strong defense. Our Indianapolis car theft lawyers are here to help you navigate the complexities of our state’s criminal justice system and fight for your rights after being arrested for stealing a car in Indiana. We will get you the best possible outcome to your criminal case!

Related Posts:

Facing Grand Theft Auto Charges in Indiana: What You Need to Know
The Difference Between Car Theft and Grand Theft Auto
Stealing in Indiana: A Deep Dive into the Legal Consequences

Stealing in Indiana: A Deep Dive into the Legal Consequences

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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.

Call 317-636-7514 When You Need a Theft Attorney in Indianapolis Indiana
Call 317-636-7514 When You Need a Theft Attorney in Indianapolis Indiana

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!

Related Posts:

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

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

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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
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.

Related Posts:

The Difference Between Car Theft and Grand Theft Auto
Standard Indiana Penalties for Theft Convictions
Were You Charged With Misdemeanor or Felony Theft in Indiana?

Are Burglary and Robbery Charges the Same in Indiana?

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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
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!

Were You Charged With Misdemeanor or Felony Theft in Indiana?

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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

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

The Difference Between Car Theft and Grand Theft Auto

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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.

Grand Theft Auto Lawyer 317-636-7514
Grand Theft Auto Lawyer 317-636-7514

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!

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