Shoplifting charges in Indiana can range from a misdemeanor to a felony, depending on the value of the stolen items and prior criminal history. A minor offense may result in fines and probation, but more serious cases could lead to jail time and a permanent criminal record. Knowing how Indiana courts handle theft cases is critical for anyone facing criminal defense matters related to shoplifting.
When Shoplifting Is Charged as a Misdemeanor in Indiana
If you are accused of shoplifting in Indianapolis, the criminal charges you face depend on the value of the stolen items and whether you have prior offenses. In many cases, shoplifting is treated as a misdemeanor, but certain factors can elevate it to a felony. Indiana law sets clear guidelines for when theft is considered a misdemeanor offense and what penalties may apply.
Under Indiana Code § 35-43-4-2, theft is classified as a misdemeanor or felony depending on the value of the stolen goods. If the property taken is worth less than a specific amount, the offense is a misdemeanor, but if the value exceeds that limit, it can be charged as a felony. Additionally, repeat offenses or specific circumstances can impact whether the charge is more serious.
Misdemeanor Shoplifting Based on Property Value
In Indiana, shoplifting items valued at less than $750 is generally considered a Class A misdemeanor. This includes clothing, electronics, groceries, and other consumer goods that fall below the threshold. A conviction can still carry significant penalties, but it does not rise to the level of a felony unless other factors are involved.
However, even a misdemeanor conviction for shoplifting can have lasting consequences. A criminal record can impact job opportunities, housing applications, and future legal matters. If the stolen property is valued between $750 and $50,000, the charge may escalate to a felony, leading to harsher penalties and long-term consequences.
Penalties for First-Time Offenders
For first-time shoplifting offenses, the penalties typically include fines, probation, or community service. A Class A misdemeanor theft conviction can result in up to one year in jail and fines of up to $5,000. However, in some cases, courts may offer alternative sentencing options, such as diversion programs or restitution agreements, that allow defendants to avoid jail time.
If you have no prior criminal record, a judge may be more lenient, especially if the stolen property was of low value and returned in good condition. Courts often take factors such as intent, cooperation, and willingness to make restitution into account. Still, a misdemeanor conviction can remain on your record, affecting future employment and background checks.
When Shoplifting Becomes a Felony in Indiana
If the value of the stolen goods exceeds $750, or if other aggravating factors are present, shoplifting can be charged as a felony. Felony theft charges carry significantly more severe penalties, including longer jail sentences, higher fines, and permanent criminal records. In some cases, repeat offenders may face felony charges even if the value of the stolen property is below the threshold.
Under Indiana Code § 35-50-2-7, theft can be charged as a Level 6 felony if the stolen property is valued at $750 or more. A conviction for a Level 6 felony can result in a prison sentence ranging from six months to two and a half years, along with fines of up to $10,000. Additionally, if the stolen goods are worth more than $50,000, or if the theft involves specific types of property, such as firearms, the charge may be upgraded to a more serious felony offense.