Navigating Carjacking Charges: Indiana’s Legal Guide

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

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

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?

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

Theft Criminal Defense 317-636-7514

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

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.