Theft & Property Crimes Defense Attorneys in Central Indiana

Former Prosecutors. Local Knowledge. Personalized Defense. Your Freedom, Record, and Reputation Are On the Line. Don’t Face This Alone.

Facing charges for theft or property crimes in Indiana can be an overwhelming experience, fraught with uncertainty and stress. We recognize that behind every case is a person with a unique story and specific concerns. Our approach is centered on providing not only robust legal defense but also compassionate guidance. We take the time to listen to your side, ensuring you feel heard and understood throughout the legal process.

Brian and Kellie are experienced litigators is well-versed in Indiana's criminal statutes, including those pertaining to theft and property offenses. We are committed to demystifying the legal system for our clients, explaining each step in clear, straightforward language. Whether you're dealing with charges related to theft, burglary, fraud, or criminal conversion, we stand by your side, advocating for your rights and working tirelessly to achieve the best possible outcome.

At Brian J Johnson Law, you're more than just a case number; you're a valued individual deserving of respect and dedicated legal support.

We Defend All Types of Theft & Property Crimes

We represent clients charged with a wide range of property offenses, including both misdemeanors and felonies. Whether this is your first arrest or you’ve been down this road before, we’re equipped to help.

Understanding Indiana's Theft and Property Crimes Laws

1. Theft (IC § 35-43-4-2)

Definition: A person commits theft when they knowingly or intentionally exert unauthorized control over another person's property with the intent to deprive them of its value or use.

Class A Misdemeanor Theft:

• Scenario: Emma, a resident of Avon, enters a local bookstore and conceals a $50 novel in her bag without paying. She is apprehended by store security upon exiting. Since the value of the stolen item is under $750 and assuming Emma has no prior theft convictions, she would likely be charged with Class A misdemeanor theft.
• Penalty: Up to 1 year in jail and a fine of up to $5,000.

Level 6 Felony Theft:

• Scenario: Liam, from Plainfield, steals a bicycle valued at $1,200 from a neighbor's garage. Additionally, he has a prior conviction for shoplifting. Given the value of the bicycle and his prior conviction, Liam would face a Level 6 felony theft charge.
• Penalty: 6 months to 2.5 years in prison and a fine of up to $10,000.

Level 5 Felony Theft:

• Scenario: Sophia, residing in Brownsburg, unlawfully takes industrial copper wiring worth $60,000 from a construction site. The removal of this wiring disrupts local traffic signals, posing a risk to public safety. Sophia would be charged with Level 5 felony theft due to the value and nature of the stolen property.
• Penalty: 1 to 6 years in prison and a fine of up to $10,000.

2. Criminal Conversion (IC 35-43-4-3)

Definition:
Under Indiana Code § 35-43-4-3, a person commits criminal conversion when they knowingly or intentionally exert unauthorized control over property of another person. Unlike theft, criminal conversion does not require the intent to deprive the owner of the property's value or use permanently.

Classification:

• Class A Misdemeanor: The offense is generally classified as a Class A misdemeanor.

Key Distinction from Theft:
The primary difference between theft and criminal conversion lies in the perpetrator's intent. Theft requires an intent to deprive the owner of the property's value or use permanently, whereas criminal conversion does not.

Scenario:
Alex borrows his friend Jordan's lawnmower for the weekend, with Jordan's permission. However, Alex continues to use the lawnmower for several weeks without returning it, despite multiple requests from Jordan to have it back. Alex's continued possession and use of the lawnmower, without Jordan's consent, constitutes unauthorized control over Jordan's property.

Legal Implication:
In this scenario, Alex could be charged with criminal conversion, as he knowingly exerted unauthorized control over Jordan's property. Since there is no indication that Alex intended to permanently deprive Jordan of the lawnmower, the offense aligns more closely with criminal conversion than theft.

Potential Penalties:

• Up to 1 year in jail
• Fine of up to $5,000

Understanding the nuances between theft and criminal conversion is crucial, as the intent behind the unauthorized control significantly influences the classification of the offense.

3. Burglary (IC § 35-43-2-1)

Definition:
Burglary involves breaking and entering into another person's building or structure with the intent to commit a felony or theft inside.

Level 5 Felony Burglary:

• Scenario: Ethan, from Danville, breaks into a pharmacy after hours intending to steal prescription medications. He is caught in the act by law enforcement. Since the pharmacy is a non-residential building, Ethan faces a Level 5 felony burglary charge.
• Penalty: 1 to 6 years in prison and a fine of up to $10,000.

Level 4 Felony Burglary:

• Scenario: Olivia unlawfully enters a neighbor's home intending to steal valuables. The dwelling is occupied at the time, but no one is harmed. Olivia would be charged with Level 4 felony burglary.
• Penalty: 2 to 12 years in prison and a fine of up to $10,000.

Level 3 Felony Burglary:

• Scenario: Noah breaks into a residence and, during the commission of the burglary, causes bodily injury to the homeowner. This elevates the charge to Level 3 felony burglary.
• Penalty: 3 to 16 years in prison and a fine of up to $10,000.

Level 2 Felony Burglary:

• Scenario: Aiden commits a burglary while armed with a deadly weapon and causes serious bodily injury to an occupant. This constitutes a Level 2 felony burglary.
• Penalty: 10 to 30 years in prison and a fine of up to $10,000.

4. Fraud (IC § 35-43-5-4)

Definition:
Fraud involves knowingly or intentionally obtaining property, services, or other benefits through deception.

Class A Misdemeanor Fraud:

• Scenario: Mia writes a check for $500 to a local store, knowing her account lacks sufficient funds. She is charged with Class A misdemeanor fraud.
• Penalty: Up to 1 year in jail and a fine of up to $5,000.

Level 6 Felony Fraud:

• Scenario: Lucas uses a stolen credit card to purchase electronics totaling $2,000. Given the amount and the use of a stolen card, he faces a Level 6 felony fraud charge.
• Penalty: 6 months to 2.5 years in prison and a fine of up to $10,000.

Level 5 Felony Fraud:

• Scenario: Isabella orchestrates a scheme defrauding investors out of $100,000. Due to the substantial amount, she is charged with Level 5 felony fraud.
• Penalty: 1 to 6 years in prison and a fine of up to $10,000.

5. Criminal Mischief (IC § 35-43-1-2)

Definition:
Criminal mischief involves recklessly, knowingly, or intentionally damaging or defacing another person's property without consent.

Class B Misdemeanor Criminal Mischief:

• Scenario: Ethan spray-paints graffiti on a public park bench, causing $500 in damages. He is charged with Class B misdemeanor criminal mischief.
• Penalty: Up to 180 days in jail and a fine of up to $1,000.

Class A Misdemeanor Criminal Mischief:

• Scenario: Ava damages a neighbor's fence, resulting in $1,000 in repair costs. She faces a Class A misdemeanor criminal mischief charge.
• Penalty: Up to 1 year in jail and a fine of up to $5,000.

Level 6 Felony Criminal Mischief:

• Scenario: Liam destroys equipment at a public utility facility, causing $60,000 in damages and disrupting services. This leads to a Level 6 felony criminal mischief charge.
• Penalty: 6 months to 2.5 years in prison and a fine of up to $10,000.

These hypothetical scenarios illustrate how specific actions can lead to varying levels of charges under Indiana law. Understanding these distinctions is crucial for anyone facing such charges. At Brian J Johnson Law, we leverage our experience as former prosecutors to provide strategic defense tailored to each client's unique situation in Hendricks, Putnam, Boone, Morgan, and Marion Counties.

If you or someone you know is facing charges related to theft or property crimes, don't hesitate to contact us for a free consultation. We're here to listen, advocate, and work towards the best possible outcome for your case.

Our Strategic Defense Approach

As former prosecutors, we possess an in-depth understanding of the criminal justice system, enabling us to anticipate prosecution strategies and build robust defenses. Our approach includes:

• Thorough Case Evaluation: Analyzing the prosecution's evidence for weaknesses and constitutional violations.
• Personalized Defense Strategies: Tailoring defense plans to the unique circumstances of each case.
• Negotiation and Trial Experience: Leveraging our courtroom experience to negotiate favorable outcomes or vigorously defend clients at trial.

Don’t Wait—Call Now to Protect Yourself

If you're facing theft or property crime charges in Central Indiana, contact us today. Our experience as former and our commitment to personalized defense strategies make us uniquely qualified to protect your rights and future.
 
Call (317) 718-7000 or contact us online for a free, confidential consultation.