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  • Writer's pictureBrandon Hicks

Understanding Indiana Theft Laws 35-43-4-2 : B. Hicks Law Explains

Welcome to the B. Hicks Law blog, where we provide expert insights into criminal defense matters, including Indiana's theft laws. In today's post, we will delve into Indiana Code 35-43-4-2, which covers theft offenses and their classifications. Whether you're facing theft charges or simply interested in learning more about the legal landscape in Indiana, this blog post is designed to provide valuable information.

Indiana Code 35-43-4-2: Theft Defined

Theft, as defined under Indiana law, occurs when a person knowingly or intentionally exerts unauthorized control over another person's property with the intent to deprive them of any part of its value or use. However, the offense can vary in severity based on several factors.

Theft Classifications:

  1. Class A Misdemeanor: Theft is considered a Class A misdemeanor in Indiana unless specific circumstances elevate the offense to a higher level.

  2. Level 6 Felony: Theft becomes a Level 6 felony if:

    • The value of the property is at least $750 but less than $50,000.

    • The stolen property is a motor vehicle or a component part of a motor vehicle.

    • The accused has a prior unrelated conviction for theft under this section, criminal conversion, robbery, or burglary.

  1. Level 5 Felony: Theft is classified as a Level 5 felony if:

    • The value of the stolen property is at least $50,000.

    • The stolen property is a valuable metal related to transportation safety, public safety, or is taken from specific institutions (e.g., hospitals, health care facilities, telecommunications providers, public utilities, or critical infrastructure facilities), and its absence creates a substantial risk of bodily injury.

    • The stolen property is a firearm.

    • The accused has a prior unrelated conviction for theft of a motor vehicle or a component part.

Determining Property Value:

For the purpose of these classifications, "the value of property" is determined based on the fair market value of the property at the time and place the offense was committed. If the fair market value cannot be determined satisfactorily, the cost to replace the property within a reasonable time after the offense was committed is considered. A price tag or price marking on property displayed for sale is considered prima facie evidence of its value.

Special Provision for Public Servants:

If the offense described in subsection (a) is committed by a public servant who exerted unauthorized control over public funds, their employer may be reimbursed in accordance with various sections of Indiana Code.

Trust B. Hicks Law for Your Defense

If you or someone you know is facing theft charges in Indiana, it's crucial to seek legal counsel immediately. At B. Hicks Law, our experienced criminal defense attorneys are well-versed in Indiana's theft laws and will work diligently to protect your rights and achieve the best possible outcome for your case.

For a free consultation and expert legal representation, don't hesitate to contact us today. We are here to help you navigate the legal complexities and challenges you may face when dealing with theft allegations in Indiana. Your rights and freedom are our top priorities.

Learn more about Indiana theft laws here

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