Theft offenses are among the most common crimes that occur in Indiana. People steal from businesses and other people. They commit robberies and acts of shoplifting. In many cases, those accused of property crimes expect to face misdemeanor charges.
However, many theft cases result in felony charges. Prosecutors typically try to bring the most serious charges they can justify based on the situation. There are a few scenarios in which prosecutors may be able to pursue felony theft charges against a defendant.
What justifies a felony theft charge?
Prosecutors can leverage one of several rules when deciding to bring felony charges against a defendant accused of theft. There are actually three separate legal justifications for felony theft charges under Indiana state statutes.
Once the value of the stolen property or cash reaches $750, the state can pursue felony theft charges. The level of the felony offense increases with the value of the property. Typically, non-violent theft offenses lead to Level 5 or 6 felony charges.
Prosecutors can also bring felony theft charges in cases involving special types of property. Certain assets can trigger felony charges regardless of their fair market value. Any theft offense involving motor vehicles or their components can lead to felony charges. Removing a catalytic converter from a vehicle could lead to felony charges.
The state can also pursue felony theft charges if people steal valuable metal from transportation businesses or remove components containing metal from public safety infrastructure. Felony charges are also possible in cases involving the theft of valuable metals taken from health care facilities, telecommunications providers, public utilities or critical infrastructure.
In cases where the person accused of theft has a prior theft conviction, that can lead to felony charges. Prior burglary, robbery, theft or criminal conversion charges can aggravate pending theft charges.
People facing felony theft charges because of the value of the property, their prior record or the nature of the property involved may need help responding to the pending charges. There are numerous defense strategies that can help people accused of theft offenses reduce the consequences they face or avoid a conviction entirely.
Reviewing the state’s evidence and the record of the person accused with a skilled legal team can both be smart steps to take while developing a criminal defense strategy. An appropriate response to Indiana theft charges can result in reduced charges, limited consequences or even the exoneration of the defendant.