A felony theft charge can place your freedom and future under immediate strain. The accusation may depend on disputed ownership, uncertain valuation, or an incomplete account of what occurred. An Indianapolis felony theft lawyer can examine those issues before the prosecution’s account becomes the only narrative shaping your case.
Speaking with a theft defense attorney early in the process also helps you avoid decisions that may weaken your defense. We take a direct and personal approach to support our clients at Eskew Law. Our team listens to your account, explains the court process in plain language, and identifies the evidence that deserves closer attention.
Under Indiana Code § 35-43-4-2, theft occurs when a person knowingly or intentionally exerts unauthorized control over another person’s property with the intent to deprive the owner of its value or use. The state may charge the offense as a Level 6 felony when the property is worth at least $750 but less than $50,000. A prior unrelated conviction for theft or certain related offenses may also raise the charge to that level.
A Level 5 felony may apply when the state values property at $50,000 or more. Other circumstances can affect the grading of the offense, including the type of property involved. An attorney from our Indianapolis firm handling felony theft allegations could test whether the state can prove the claimed value through reliable records rather than assumption or inflated replacement figures.
The prosecution must establish more than mere possession of someone else’s property. It must demonstrate that your control was unauthorized and that you intended to deprive the owner of the property’s value or use. Permission might exist, ownership may be unclear, and the evidence may also support a misunderstanding rather than criminal intent.
That distinction can shape the entire defense strategy. In an Indianapolis case, a lawyer defending a felony theft charge may use messages or transaction records to show consent and clarify what you understood at the time. Witness accounts may also reveal that investigators accepted one side of the story without testing conflicting facts.
The strength of a theft case depends on how the evidence connects you to each required element of the offense. Surveillance footage may not show the full event. A witness may lack firsthand knowledge. A valuation may rely on an estimate that does not reflect the property’s condition at the time it was allegedly taken.
Our review focuses on the details that can change charging decisions or trial strategy. For someone charged with felony theft in Indianapolis, our lawyers could examine how officers obtained statements about the theft and whether searches complied with constitutional limits. We also consider whether the facts support negotiations for a reduced charge or another resolution that limits long-term consequences.
Sentencing exposure depends on the felony level. State law provides that a Level 6 felony carries a term of six months to two and one-half years, with an advisory sentence of one year. It also provides that a Level 5 felony carries a term of one to six years, with an advisory sentence of three years. The court may also impose a fine of up to $10,000 for either level.
A felony accusation does not guarantee a guilty verdict. The available evidence must link to every element of the offense, and the defense should account for both the immediate charge and its effect on your future. An Indianapolis felony theft lawyer from our team at Eskew Law can assess the allegations and explain the choices available at each stage of the legal process. We provide criminal defense representation with personal attention and practical guidance. Contact Eskew Law today to schedule a free consultation and discuss your next steps.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.