Indiana Attorney Who Defends Clients Charged With Shoplifting

Fort Wayne law firm with over 15 years of experience in retail theft cases

In Indiana, if you’re charged with taking any item from a retail store, your punishment could include incarceration, fines, difficulty finding employment and a permanent criminal record. Even a first-time shoplifting conviction can have dire consequences. The Law Offices of Ryan E. Lackey in Fort Wayne provides skilled legal defense to people accused of theft crimes in Allen County and throughout northeast Indiana.

What qualifies as shoplifting in Indiana?

Indiana criminal law does not use the word “shoplifting.” Instead, all acts of taking, concealing or walking out of a store with merchandise without paying — or without intending to pay — are prosecuted as theft under Indiana Code § 35-43-4-2. Any intentional act to deprive the retailer of goods without full payment can be charged as theft, regardless of whether you physically left the premises.

When does shoplifting become a felony in Indiana?

The severity of a shoplifting charge depends on the value of the merchandise involved, as follows:

• Class A misdemeanor theft — if the property is worth less than $750
• Level 6 felony theft — if the property is valued between $750 and $50,000, or if the alleged shoplifter has a previous theft-related conviction
• Level 5 felony theft — if the property is worth $50,000 or more, or if the theft involves certain items (such as firearms, valuable documents or vehicles)

Will you spend time in jail or prison if convicted of shoplifting?

Penalties for shoplifting in Indiana can range from up to one year in jail (for a misdemeanor) to several years in prison (for felony theft). However, for first-time offenders, there may be diversion programs or probation available, which can allow individuals to avoid jail time and, in some cases, have the charges dismissed after successful completion of certain requirements. Each case is unique and the outcome depends on the facts, the prosecutor involved and the defense presented.

How do Indiana courts treat repeat shoplifting offenders?

Indiana courts impose more severe sentences on repeat offenders. Even a low-value shoplifting arrest can be charged as a felony if you have a prior theft conviction. This can mean exposure to prison, heavier fines and a lifetime felony record. If you’re charged as a repeat offender, it’s critical to retain an experienced theft crimes attorney immediately to explore every possible defense or resolution.

Can a shoplifting conviction be expunged in Indiana?

An Indiana shoplifting conviction can often be expunged. The effect of shoplifting expungement is that the general public — including employers and landlords — will not see the conviction in most background checks. Eligibility depends on the offense level and your criminal history. An attorney can guide you through the expungement process and help you clear your record if you qualify.

Contact an Indiana criminal defense lawyer to handle a retail theft case

The Law Offices of Ryan E. Lackey in Fort Wayne defends individuals facing shoplifting and other theft-related charges in Allen County and the surrounding communities. Schedule a free consultation by calling 260-222-7364 or contacting us online today.