When is Shoplifting a Felony in Indiana?
Have you been accused of stealing merchandise from a retail location in the Indianapolis area? If so, it is essential to understand that you may be facing serious theft-related charges for which the penalties may be severe in the event of a conviction. Many people are under the mistaken assumption that stealing merchandise from a retail location is a lesser offense of “shoplifting.” According to Merriam-Webster, shoplifting is defined as “stealing displayed goods from a store.” Similarly, the Cambridge Dictionary defines it as “the illegal act of taking goods from a store without paying for them.” Often, shoplifting is assumed to be a minor theft offense that is often perpetrated by juveniles. Yet the colloquial understanding of shoplifting can actually be much more serious.
Under Indiana law, there is not actually a specific offense defined as “shoplifting.” Rather, the generation definition of shoplifting is charged as a theft offense under IC 35-43-4, and in many instances, it can be a felony offense that can result in years of imprisonment. When is shoplifting a felony in Indiana? Our Indianapolis theft crime defense lawyer can provide you with more information below.
Theft Under the Indiana Code
Theft — including the act of stealing property from a retail store as the dictionary definitions above define shoplifting — can be charged under IC 35-43-4-2 when a person “knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use.” The specific degree or level of the offense then depends largely on the value of the property taken, as well as the nature of the property in some cases:
- Property valued under $750 is a Class A misdemeanor;
- Property valued between $750 and $49,999 is a Level 6 felony;
- Property valued at $50,000 or higher is a Level 5 felony; and
- Property that is a motor vehicle or a component part of a motor vehicle is a Level 6 felony.
There are many other aggravating or enhancing factors listed in the statute, which can result in a more serious charge than those listed above (such as having a previous conviction or engaging in a theft where there is a substantial risk of bodily harm to another person). As for “shoplifting” based on the general understanding of this word, you could be facing anywhere from a Class A misdemeanor to a Level 5 felony, depending on the value of the property that you are alleged to have taken.
Organized Retail Theft
In addition to the general offense of theft discussed above, if you engage in “shoplifting” (i.e., theft from a retail store under Indiana law) with the intent of reselling or distributing the property, you could potentially face charges for organized retail theft under IC 35-43-4-2.2.
A person can face this Level 6 felony if they exercise “unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale.” The offense becomes a Level 5 felony if the property is valued at $50,000 or more.
Contact Our Indianapolis Theft Crime Defense Attorneys for Assistance with Your Shoplifting Case
If you are facing theft-related charges related to property that was taken from a retail location, it is essential to discuss the details of your case and the specific charges you are facing with one of the experienced Indianapolis theft crime defense lawyers at Rigney Law LLC. Although Indiana law does not have a specific offense called shoplifting, many people assume — and often wrongly, as we discussed above — that it is not a particularly serious offense to be accused of taking property from a retail store. However, the general understanding of “shoplifting” can be anywhere from a misdemeanor to a felony theft offense in Indiana, and you will need a strong defense to avoid a conviction and the penalties that come with it. Contact our firm today for assistance with your theft defense.
Source:
law.justia.com/codes/indiana/title-35/article-43/chapter-4/