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A theft charge can feel small at first, especially if it started with a store security stop over a few items. But a theft conviction is a conviction for a crime of dishonesty. It can follow you on background checks for jobs, apartments and professional licenses long after any fine is paid.
As a prosecutor, I reviewed theft and shoplifting cases, decided how they should be charged and resolved, and tried theft cases before juries. I know what the State has to prove, how value is calculated, and where these cases are weak. I now use that experience to defend people charged with theft.
Theft is knowingly or intentionally exerting unauthorized control over someone else's property, with intent to deprive the owner of any part of its value or use.
"Exerting control" is defined very broadly. It includes taking, carrying away, concealing, selling, or simply possessing property. Control is "unauthorized" if it happens without the owner's consent, goes beyond what the owner agreed to, or is obtained by creating a false impression.
Theft can include knowingly possessing stolen property, even if you were not the person who originally took it. But possession alone does not establish theft. The State must prove the required knowledge and intent, and an innocent purchase or honest misunderstanding may defeat those elements.
Ordinary shoplifting is generally prosecuted as theft or criminal conversion rather than as an offense named "shoplifting." Indiana also has a separate organized retail theft offense involving an intent to distribute merchandise for resale.
Indiana law treats certain conduct, including switching price tags, bar codes or packaging, and concealing merchandise and taking it past the payment point, as evidence of unauthorized control and intent to deprive. That evidence can be challenged, and the State still must prove the charged offense beyond a reasonable doubt.
Theft generally starts as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Property value, the type of property, and qualifying prior convictions can make the offense a felony, even when the property is worth less than $750.
It is a Level 6 felony, punishable by six months to two and a half years and a fine of up to $10,000, if:
Theft is a Level 5 felony, punishable by one to six years with an advisory sentence of three years and a fine of up to $10,000, if the property is worth $50,000 or more or is a firearm. Certain thefts involving valuable metals also qualify when the statutory conditions are met and the missing property creates a substantial risk of bodily injury. Theft of a motor vehicle or a qualifying vehicle component is also a Level 5 felony when the accused has a prior unrelated conviction for theft of a motor vehicle or qualifying vehicle component.
The prior conviction rule surprises many people. Under the statute, one earlier theft conviction can make even a small new shoplifting charge a felony, no matter how little the item was worth.
Value means the fair market value of the property at the time and place of the offense. If that cannot be determined, it is the cost to replace the property within a reasonable time. For items for sale in a store, the price tag is treated as evidence of the value.
Value is often worth a close look, because it can decide whether a case is a misdemeanor or a felony. Used property, damaged property, and items the State values at a new retail price can all be challenged.
Criminal conversion is knowingly or intentionally exerting unauthorized control over someone else's property. Unlike theft, the State does not have to prove you intended to deprive the owner of the property's value or use. It is a Class A misdemeanor. It is a felony in some motor vehicle cases, including using someone else's car to help commit a crime or failing to return a leased vehicle after a written demand.
The key difference is intent. Theft requires proof that you intended to deprive the owner of some part of the property's value or use. Criminal conversion does not require proof of that additional intent. An intention to return the property does not automatically rule out theft.
Organized retail theft is taking a store's property with the intent to distribute it for resale. It is a Level 6 felony, and a Level 5 felony if the value is $50,000 or more, the property is a firearm, or you have a prior unrelated theft, conversion or organized retail theft conviction. Thefts in a single episode can be added together into one count.
Indiana also has a separate crime of organized theft, which applies when a person agrees with at least two others to commit theft and takes a step toward it.
Yes, within limits. A store owner or employee who has probable cause to believe you committed a theft may detain you, ask for identification, check whether you have unpaid merchandise, and call the police. The detention must be reasonable in manner and length, and it cannot last past the arrival of a police officer or two hours, whichever comes first. Two hours is an outside limit, not a right to hold you that long.
A store owner or employee may not ask someone under 18 to admit theft or conversion, or to waive legal rights, unless the child has had an opportunity for meaningful consultation with a parent, guardian, custodian or guardian ad litem. An admission obtained in violation of this rule cannot be used against the child to prove the alleged crime or delinquent act.
You do not have to sign a written admission or answer questions about what happened. Be polite, identify yourself, and say you want to speak with a lawyer before giving any statement.
A civil demand is separate from a criminal charge. Indiana law allows a store to pursue civil damages, potentially including up to three times the applicable loss, attorney fees and other authorized costs. For these claims, the law presumes a store's loss is at least $100, even if the merchandise was returned.
A demand letter is not a court judgment. Paying it does not automatically dismiss criminal charges, and declining the demand is not itself a new crime. Have a lawyer review the demand before paying or responding, and do not ignore a summons or lawsuit.
Often, yes. For a Level 6 felony theft, a judge may enter the conviction as a Class A misdemeanor at sentencing, unless certain exceptions apply, such as a recent prior felony that was itself entered as a misdemeanor. A Level 6 felony conviction can also sometimes be converted to a misdemeanor later, generally at least three years after the sentence and other obligations are completed, if other requirements are met. Both are up to the judge.
Usually, yes. Eligible misdemeanor convictions generally have a five-year waiting period after conviction. Eligible Level 6 felony convictions generally have an eight-year waiting period. Eligibility also depends on the applicable conviction-free period, pending charges, payment of required fines, fees, court costs and restitution, and other statutory requirements. Earlier filing may be possible with the prosecutor's written consent.
Arrests and charges that do not result in conviction may qualify for expungement much sooner. Some cases where all charges are dismissed or end in acquittal are expunged automatically. Others require a petition and a waiting period, generally one year.
Every case is different, but these are questions I look at in every theft case:
Depending on the evidence, your history and available local options, a case may be resolved through dismissal, a reduced charge such as conversion, or an eligible alternative program. No particular outcome is guaranteed.
Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome.