Indiana Theft Crime Attorney

Indiana Theft Attorney Explains Theft and Conversion

Indiana theft laws use just two classifications to describe various crimes related to stealing: theft and conversion.

Conversion is the less serious of the two, and it is covered by Indiana Code § 35-43-4-3. That statute provides that conversion is committed when a person knowingly or intentionally exerts unauthorized control over another person’s property.

Theft is covered by Indiana Code § 35-43-4-2. Although this law sounds much like the conversion statute, the theft statute also requires the State to show that the defendant had the intent to deprive the other person of the value or use of his or her property. Notably, the word “permanently” was removed from the statute in 1971, yet some cases still turn on the issue of whether there was an intent to permanently deprive the other person of the property. This is a good example of why it is useful to have an experienced Indiana theft attorney on your side—one who knows the precise language of the law.

Both conversion and theft require unauthorized control over the property of another. The definition of this term has many potential meanings:

• Without the property owner’s consent
• In a way different than consented to by the property owner
• By transferring or encumbering other property
• By failing to disclose a lien or encumbrance
• By creating or confirming a false impression in the property owner or failing to correct a false impression
• By promising performance that is not going to happen
• By indicating an intent to damage the property
• By transferring recorded or live performances without permission

Types of Indiana Theft Offenses

Even though Indiana uses simplified legal definitions of theft and conversion, you may be charged using terminology that goes beyond the language of the theft and conversion laws:

Regardless of the words used, however, an Indiana court will address theft-related crimes under the theft and conversion statutes.

You may be surprised that robbery is not on this list. Although robbery has some of the same elements as theft and conversion, it is conducted through threat or use of force or fear. This makes it an offense against a person, and these crimes are located in a different section of Indiana’s laws.

Felony or Misdemeanor? Look at Value and Date

Indiana prosecutors can decide whether to charge either misdemeanor theft or conversion, and Indiana theft laws use a system of classes and levels. Significant changes to the Indiana Code mean that an Indiana theft attorney must stay on top of the statutory developments to know which classes and levels will apply to a client and also to be able to recognize quickly when the State, or even a judge, is mistaken as to the current status of the law.

To know whether you are dealing with a misdemeanor or a felony, reference two things:

• The value of the items
• The particular version of the theft-related statutes in effect at the time of the offense

Penalties are based upon value, which takes a few things into consideration:

• The fair market value (FMV) of the property at the time of the offense
• Evidence such as a price tag or price marking
• The cost to replace the property within a reasonable time after the offense was committed (if FMV cannot be determined)

It is critical to note that Indiana prosecutors can decide to charge multiple thefts as a single episode in some circumstances. This allows them to aggregate the values of stolen property against a defendant and impact both the level of the crime and the penalty.