The Law Office of Roseann P. Ivanovich represents people facing theft crime charges in Merrillville, Lake County, and across Northwest Indiana. We listen to your side, review the evidence, and explain what may come next.
Indiana Theft Charges
Can Become Serious Quickly
People often think of theft as shoplifting or taking property that belongs to someone else. Indiana law covers a much wider range of situations.
A theft case may involve store merchandise, cash, electronics, tools, vehicles, firearms, business property, or other items.
Under Indiana Code § 35-43-4-2, theft generally occurs when a person knowingly or intentionally exercises unauthorized control over another person’s property with the intent to deprive the owner of some part of its value or use.
That definition gives the State several things to prove. Therefore, a theft defense should begin with the facts and evidence rather than an assumption that an accusation is true.
Common Theft Crimes in Indiana
Theft charges can involve many different types of property and situations. The charge may depend on what was taken, the value of the property, and whether certain facts raise the offense to a felony.
Shoplifting and Retail Theft
These cases often involve store merchandise, self-checkout disputes, surveillance video, receipts, or loss-prevention reports. A mistake at checkout or incomplete video may become important when reviewing what actually happened.
Theft of Money or Personal Property
A case may involve cash, electronics, tools, jewelry, business property, or other belongings. Questions about ownership, access, permission, and intent can become important.
Possession of Stolen Property
A person may also face a theft charge based on allegations that they knowingly possessed, kept, or disposed of stolen property. These cases can turn on whether the person knew the property was stolen and what the surrounding facts show.
Motor Vehicle Theft
Indiana treats motor vehicle theft more seriously than ordinary low-value theft. A vehicle theft charge can be filed as a felony even when the property value would normally fall below the usual felony threshold.
Theft of a Firearm
Indiana treats firearm theft more seriously than ordinary property theft. Theft of a firearm is a Level 5 felony, regardless of the firearm’s value. Because the charge does not depend on the usual property-value thresholds, the type of property alone can significantly increase the seriousness of the case.
Criminal Conversion
Criminal conversion is related to theft but has a different legal standard. It generally involves unauthorized control over another person’s property without the additional intent requirement used in a theft charge.
Organized Theft
Indiana also has separate laws for organized theft and organized retail theft. These cases may involve several people, repeated theft activity, or property intended for resale.
What Does the State Have to
Prove in an Indiana Theft Case?
A theft accusation is not enough. The State must prove each part of the charge beyond a reasonable doubt.
In general, prosecutors must show that:
- The person controlled the property: This may include taking, keeping, moving, hiding, or using it.
- The control was unauthorized: The person did not have permission to control the property in that way.
- The property belonged to someone else: Ownership or the right to control the property can sometimes become an important issue.
- There was intent to deprive: The person intended to keep the owner from some part of the property’s value or use.
These details matter because many theft cases involve disputes about permission, ownership, or intent. A misunderstanding, borrowed property, shared access, or incomplete evidence may tell a different story than the accusation alone.
Indiana Theft Levels and Possible Penalties
Indiana theft charges range from a Class A misdemeanor to a Level 5 felony. The level of the charge may depend on the value of the property, the type of property involved, and certain prior convictions.
Class A Misdemeanor Theft
Theft is generally a Class A misdemeanor when the property is worth less than $750 and no felony enhancement applies.
A Class A misdemeanor can carry up to one year in jail and a fine of up to $5,000.
Learn more about how Indiana handles misdemeanor criminal charges.
Level 6 Felony Theft
Theft can become a Level 6 felony when the facts include one of several conditions.
- Property value: The property is worth at least $750 but less than $50,000
- Motor Vehicle: The property is a motor vehicle or qualifying vehicle component
- Prior Record: The accused has certain prior theft-related convictions
A Level 6 felony carries a possible sentence of 6 to 30 months. Indiana law also lists 1 year as the advisory sentence, which is a guideline the judge may consider when deciding the sentence. A court may also impose a fine of up to $10,000.
Learn more about felony charges in Indiana and what they can mean for your case.
Level 5 Felony Theft
Theft may become a Level 5 felony when:
- Property value: The property is worth $50,000 or more.
- Firearm: The stolen property is a firearm.
- Repeat vehicle theft: The case involves a motor vehicle or vehicle part and certain prior motor vehicle theft convictions.
- Certain valuable metals: The theft involves property covered by Indiana law and creates a substantial risk of bodily injury.
A Level 5 felony carries a possible sentence of 1 to 6 years. Indiana law also lists 3 years as the advisory sentence, which is a guideline the judge may consider when deciding the sentence. A court may also impose a fine of up to $10,000.
The charge filed by the State is important, but the facts still matter. A defense attorney can review whether the evidence supports the level of theft being charged.
Theft Charges in Merrillville and Lake County
A theft case that begins in Merrillville may be handled through the Lake County court system after charges are filed. The court and location can depend on the level of the charge and how the case is assigned.
For someone facing a theft charge, that can mean court appearances, deadlines, and other requirements that need careful attention.
From our Merrillville office, Attorney Roseann P. Ivanovich represents clients facing criminal charges in Lake County and across Northwest Indiana. We help clients understand where their case stands, what to expect next, and what information may be important to the defense.
How a Merrillville Theft Lawyer
Reviews the Evidence
A police report tells one side of the story. It does not decide whether the State can prove the charge.
A defense lawyer can review the facts, the evidence, and what happened before, during, and after the alleged theft.
Review Ownership and Permission
One of the first questions is who owned the property and whether the accused had permission to use, borrow, move, or keep it.
Receipts, messages, work records, agreements, and witness statements may help show what happened.
These records can be important when a case involves a misunderstanding or a dispute over property.
Examine Intent and Identification
Intent matters in a theft case.
A lawyer may look at whether the accused knew the property belonged to someone else, whether there was permission to use it, and whether there was an intent to keep it.
The defense may also question whether the State has identified the right person. This can matter when several people were present or when the case depends on video or witness statements.
Review the Property Value
The value of the property can affect whether a theft charge is a misdemeanor or felony.
Indiana law generally looks at the fair market value of the property at the time and place of the alleged theft. Other records, including receipts, photos, age, and condition, may also matter when the value is disputed.
Review Searches, Statements, and Digital Evidence
Police may use searches, statements, video, phone records, messages, or other digital evidence to build a theft case.
A lawyer can review how that evidence was obtained, whether police followed the law, and whether the evidence tells the full story.
Some records may support the State’s case. Others may show missing facts or information that helps the defense.
A Theft Crime Charge Deserves a Closer Look
A police report tells the State’s version of what happened. Before you make decisions about your case, learn what the State must prove and whether the evidence supports the charge.
We can review the accusation, explain the possible consequences, and help you understand what options may be available.
Call (219) 791-1700 or complete our contact form to schedule a consultation.
What Should You Do After a
Theft Arrest or Investigation?
The decisions you make early in the case can matter.
Be Careful About Giving a Statement
You have the right to remain silent and ask to speak with a lawyer.
Trying to explain a misunderstanding may seem helpful. However, a statement can later become evidence.
Consider getting legal advice before giving police a detailed account of what happened.
Save Records That May Help
Keep messages, receipts, emails, photographs, purchase records, agreements, and other documents connected to the property.
Do not delete messages or change digital records.
If another person witnessed an important event, write down the person’s name and contact information while you still remember it.
Follow Court and Bond Rules
Attend every hearing and follow all written bond conditions.
A new arrest or failure to follow court rules can create additional problems, especially when someone is already on probation or has another criminal case pending.
Possible Outcomes in an
Indiana Theft Case
Every theft case is different. What happens next may depend on the evidence, the level of the charge, prior convictions, and the options available in court.
Challenge the Case
If the State cannot prove part of the theft charge, the defense can challenge the case.
A lawyer may also question how police got certain evidence, whether a statement can be used, or whether the right person was identified.
If important evidence is weak or cannot be used, it may affect the charge or the State’s ability to continue the case.
Negotiate a Resolution
Some cases may be resolved through an agreement with the prosecutor.
Depending on the facts, that could involve a lower charge, probation, restitution, or other terms.
Before accepting an agreement, the client should understand what it requires and how it could affect their record and future.
Consider Diversion
Some people may qualify for a diversion program or another option that avoids a traditional conviction.
Whether diversion is available can depend on the charge, criminal record, prosecutor’s rules, and other facts.
A lawyer can explain whether this may be an option in the case.
Go to Trial
A person charged with theft has the right to make the State prove the case at trial.
If the case goes to trial, the defense may challenge witnesses, video, statements, property records, value, identification, and other evidence.
Careful preparation helps the defense focus on the facts the State must prove.
Why Hire Our Merrillville
Theft Crimes Defense Firm?
A theft accusation can be easy for others to judge before they know the full story.
We do not start with the accusation. We start with the facts, the evidence, and what the State can actually prove.
More Than Two Decades of Legal Experience
Attorney Roseann P. Ivanovich has practiced law in Indiana since 2001 and has more than two decades of legal experience.
That experience helps the firm identify important factual and legal questions, prepare clients for court, and explain what different options may mean.
Direct Guidance From an Attorney
A criminal charge can leave you with questions about court dates, evidence, possible penalties, and what you should do next.
You should not leave a meeting wondering what any of that means.
Our firm explains the charge and court process in plain language so you can make informed decisions as the case moves forward.
We Look Beyond the Accusation
The police report is not the entire case.
We review the records that may matter, including witness statements, video, messages, ownership information, payment records, and other evidence.
Then, we compare those records with what the State claims happened.
Personal Attention Without Judgment
A criminal charge does not tell us who you are.
We listen to what happened, what concerns you most, and what you need to protect.
Then, we build the defense around the facts of your case rather than treating you like another file number.
Local Representation From Merrillville
Our office is in Merrillville, and we represent clients whose criminal matters are handled in Lake County and other Northwest Indiana courts.
Clients have a local place to discuss the charge, prepare for court, and get answers about what comes next.
Frequently Asked Questions
About Indiana Theft Charges
It can be.
Ordinary theft of property worth less than $750 generally begins as a Class A misdemeanor. However, the charge can become a felony based on the property’s value, the type of property involved, or certain prior convictions.
Property worth at least $750 but less than $50,000 can support a Level 6 felony theft charge.
Yes. Indiana does not base every theft charge on value alone.
Theft of a motor vehicle or qualifying motor vehicle component can be a Level 6 felony. Certain prior convictions can also increase the charge.
Theft of a firearm is a Level 5 felony regardless of the ordinary value thresholds.
Both involve unauthorized control over another person’s property.
Theft also requires the State to prove an intent to deprive the owner of some part of the property’s value or use.
Basic criminal conversion does not contain that additional intent requirement.
Permission may become an important defense issue because theft requires unauthorized control.
These cases can become complicated when people disagree about what permission was given, what the permission covered, or when it ended.
Messages, agreements, receipts, and witness accounts may help show what each person understood.
A theft charge can be dismissed in some cases, but dismissal cannot be promised.
The outcome may depend on whether the State can prove each part of the charge, whether evidence is admissible, whether witnesses support the accusation, and other facts.
A lawyer can review the evidence and explain whether there are grounds to challenge the charge.
Even a first misdemeanor theft charge can carry jail time, fines, probation, and a criminal record.
The State may also have evidence that you have not yet reviewed.
A lawyer can examine that evidence, identify possible defenses, and help you understand a plea or other proposed resolution before you decide what to do.
You have the right to remain silent and ask for an attorney.
You do not have to explain the entire situation immediately.
Statements made during an investigation may later become evidence. Consider speaking with a criminal defense attorney before deciding whether to give a detailed statement.
Speak With a Merrillville
Theft Crimes Attorney
A theft charge may begin with a store accusation, police interview, workplace complaint, property dispute, or arrest. What happens next can depend on the evidence and the decisions you make early in the case.
Before you accept the State’s version of what happened, find out what the evidence actually shows.
The Law Office of Roseann P. Ivanovich represents clients facing misdemeanor and felony theft charges in Merrillville, Lake County, and across Northwest Indiana. We will listen to your side, explain what the State must prove, and help you understand the options available in your case.
Contact our Merrillville office to schedule a free phone consultation and discuss your next step.