Although you might have assumed shoplifting was a minor offense, Indiana law says differently. If you are accused of shoplifting, the penalties could be more serious than you were expecting. You are going to need a compelling theft defense or work out a plea with the district attorney if you hope to avoid some of the harsher consequences that come with a guilty verdict.
Although shoplifting may typically be tried as a misdemeanor offense, the value of the property that was shoplifted and other factors can elevate your charges to the felony level. Here is more about how Indiana shoplifting laws work and the possible penalties you could be facing if you are convicted.
Indiana Shoplifting Laws
The statute for shoplifting can be found under Indiana Code § 35-43-4-2. It states:
“knowingly or intentionally exerting unauthorized control over the property of another person, with the intent to deprive the other person of any part of its value or use.”
This means if you conceal, take, carry, or otherwise possess someone else’s property without their permission or consent, you can face criminal charges. Generally, shoplifting may be considered a class A misdemeanor if the value of the goods or products in question is less than $750. Charges could be elevated to the felony level based on the value of the stolen property.
What is Conversion?
If law enforcement officials believe you intentionally or knowingly exerted control over someone else’s property, you could be charged with conversion under Indiana Code § 35-43-4-3, which is similar to shoplifting. However, conversion occurs when the alleged offender intends to return the stolen property to its rightful owner. With shoplifting or theft, the intent is to permanently deprive the owner of the property’s use or value.
Potential Penalties for Shoplifting in Indiana
As a wobbler crime that can be charged as a misdemeanor or felony, depending on the value of the property in question, penalties for shoplifting can vary significantly. If you are charged with a class A misdemeanor shoplifting offense, you could spend up to one year in an Indiana state prison and pay up to $5,000 in fines per the Indiana Sentencing Guidelines. However, if your charges are bumped up to a level six felony because the stolen property is valued at more than $750 but less than $50,000, you could be facing up to 2 1/2 years in prison and pay up to $10,000 in fines.
However, you also need to worry about collateral consequences. Your professional license could be suspended or revoked, your reputation could be destroyed, and your criminal record will reflect your shoplifting conviction unless or until you can secure an expungement.
You May Qualify for a Diversion Program
If this is your first time being accused of shoplifting, you may be in luck. According to Indiana Code § 33-39-8-5(6), Indiana offers diversion programs that may allow you to avoid jail time, fines, and a criminal conviction on your record. Typically, enrollment in these programs is only available to individuals who have been charged with first-time, nonviolent crimes.
You will need to fulfill the diversion program requirements as part of the agreement. For instance, the court may order you to complete community service hours, attend regular mental health counseling sessions, or potentially complete a substance abuse treatment program, depending on the circumstances of your case. Once you fulfill the program requirements, the prosecutor dismisses the shoplifting charges against you.