Fighting Property Crime Charges Across Indianapolis and All of Indiana
When your name is on the line, you need a defense team that takes these charges as seriously as the prosecution does.
A theft or burglary charge can change your life in ways most people never see coming. One accusation, one bad day, one misunderstanding at the wrong moment, and suddenly you are sitting across from a prosecutor who has already decided what kind of person you are.
Maybe you walked out of a store and forgot something was still in your cart. Maybe you took something you thought belonged to you. Maybe you were in the wrong place when the police arrived, and now you are being treated like you planned the whole thing.
Whatever brought you here, we want you to know one thing right away. Your situation is not hopeless.
At Razumich & Associates, P.C., we have spent years standing next to people in Indianapolis and across Indiana who never thought they would be charged with a crime. We know how a theft or burglary case can affect your job, your family, your reputation, and your ability to move forward. We also know how the prosecution builds these cases, where they tend to overreach, and how to push back.
If you are looking for an Indianapolis theft and burglary defense attorney who will treat you like a person and fight like the case matters, you are in the right place.
Key Takeaways
- Theft and burglary are separate offenses under Indiana law, but they often appear together in the same case and carry serious long term consequences.
- Charges can range from a Class A misdemeanor to a Level 5 felony or higher, depending on the value of the property and the circumstances of the alleged offense.
- A theft conviction is considered a crime of dishonesty, which can follow you into employment, housing, and professional licensing decisions for years.
- Many theft and burglary cases involve weak evidence, misidentification, or assumptions made by police, and a strong defense can change the outcome.
- The earlier you involve our firm, the more options we have to protect your record and your future.
Understanding Theft and Burglary Charges in Indianapolis
Theft and burglary get grouped together in everyday conversation, but Indiana law treats them differently. Knowing the difference matters, because the charges, penalties, and defenses are not the same.
Theft, under **Indiana Code § 35-43-4-2**, happens when someone knowingly or intentionally takes control of another person’s property with the intent to deprive them of its value or use. Property does not just mean cash or jewelry. It can include services, labor, tools, vehicles, retail merchandise, or anything else of measurable value. The dollar amount of the alleged property is one of the biggest factors that decides how the case is charged.
Burglary, under **Indiana Code § 35-43-2-1**, is a separate and more serious offense. It happens when someone breaks and enters a building or structure with the intent to commit a felony or theft inside. You do not actually have to take anything to be charged with burglary. The State only needs to allege that you entered with the intent to commit a crime. That is a much lower bar than most people expect, and it is one reason burglary cases are often charged more aggressively than the facts support.
The honest truth is that prosecutors in Marion County and across Indiana tend to charge these offenses broadly. They file the highest level they can justify and let the defense attorney negotiate it down. Without skilled representation, you can end up pleading to a felony when the actual facts of your case support something much lower, or no conviction at all.
Types of Theft and Property Crime Charges We Handle
Property crime is a broad area, and our firm represents clients across the full range of theft related offenses. Each charge below has its own dedicated page for clients who want to read further into the specific laws, penalties, and defenses that apply.
Theft and Shoplifting
The most common property crime in Indianapolis is straightforward theft, which often includes shoplifting from retail stores around Marion County. Whether the alleged amount was twenty dollars or twenty thousand, the legal definition is the same.
Where it gets complicated is the dollar threshold. Theft of property valued under 750 dollars is generally a Class A misdemeanor, while theft of property valued at 750 dollars or more is generally a Level 6 felony. Our Indianapolis theft defense attorneys can review how the State calculated the value, whether the property was actually taken, and whether the police followed proper procedure during the stop and arrest.
Burglary
Burglary is a felony from the moment it is filed. Even the lowest level burglary in Indiana is a Level 5 felony, and depending on the type of building involved or whether anyone was hurt, it can climb all the way to a Level 1 felony.
The key issue in most burglary cases is intent. Did the person actually intend to commit a crime when they entered the building, or did they walk in for another reason and end up accused of something they never planned? These cases often hinge on circumstantial evidence and assumptions by responding officers. Our Indianapolis burglary defense attorneys cover the law, the penalties, and the strategy.
Robbery
Robbery is what happens when theft involves force, the threat of force, or putting another person in fear. It is almost always filed as a felony. The presence of a weapon, or even something the alleged victim believed to be a weapon, can elevate a robbery charge significantly. Our Indianapolis robbery defense attorneys build cases against these aggressive charges by challenging identifications, victim statements, and evidence that does not hold up under closer examination.
Forgery and Related Offenses
Forgery covers more than fake signatures on checks. It can include altered documents, counterfeit identification, fraudulent prescriptions, and other situations where the State claims a document was used to deceive. Forgery is a Level 6 felony in Indiana, which means it carries felony level consequences even on a first offense. Many forgery cases also involve allegations of theft, fraud, or identity related offenses. Our Indianapolis forgery defense attorneys walk through these cases in detail.
Auto Theft and Receiving Stolen Property
Indiana law treats motor vehicle theft as its own category of offense, generally charged as a Level 6 felony. Receiving stolen property, even if you did not steal it yourself, can be charged the same way. We often see people charged with receiving stolen property when they had no idea the item in their possession had been taken from someone else. Lack of knowledge can be a powerful defense in these cases when it is built properly.
Identity Theft and Financial Crimes
Identity theft, credit card fraud, and check deception cases are increasing across Indiana every year. The State takes these cases seriously, and the penalties can stack quickly when multiple counts are filed. These cases tend to involve large amounts of digital evidence, which means the defense has to be just as careful and detailed as the prosecution.
Penalties for Theft and Burglary in Indiana
The penalties depend heavily on what was allegedly taken, how it was allegedly taken, and your prior history. Here is the general framework Indiana uses for these offenses.
Misdemeanor Theft
- Property value under 750 dollars, with no aggravating factors.
- Class A misdemeanor.
- Up to one year in jail and a fine up to 5,000 dollars.
Level 6 Felony Theft
- Property value of 750 dollars to 49,999.99 dollars, theft involving a firearm, or a prior unrelated theft conviction.
- Six months to two and a half years in prison and a fine up to 10,000 dollars.
Level 5 Felony Theft
- Property value of 50,000 dollars or more.
- One to six years in prison and a fine up to 10,000 dollars.
Burglary
- Level 5 felony as a baseline, with one to six years in prison.
- Level 4 felony if the building entered was a dwelling, with two to twelve years in prison.
- Level 3, 2, or 1 felony if the offense involved a weapon, serious bodily injury, or other aggravating circumstances. Penalties at these levels can reach decades in state prison.
Robbery
- Level 5 felony in its basic form.
- Elevated to a Level 3 felony if a deadly weapon was involved or someone was hurt.
- Elevated to a Level 2 felony if someone suffered serious bodily injury.
Beyond jail time and fines, a conviction can mean restitution payments, probation, community service, court costs, and lasting damage to your record. That is why these cases deserve more than a quick plea deal and a handshake.
How a Theft or Burglary Conviction Can Affect Your Life
A lot of people walk into our office worried about jail. That is a real concern. But even when jail time is minimal, the long term consequences of a conviction can follow you for years.
Theft is considered a crime of dishonesty. That label matters more than most people realize. It tells future employers, landlords, and licensing boards that the State of Indiana believes you cannot be trusted, and it shows up on background checks for as long as the record exists. Jobs that involve handling money, working with vulnerable people, or holding any kind of professional license can become almost impossible to get.
Housing applications get denied. Custody and family law matters get harder. Loan applications get scrutinized. For people who are not United States citizens, the immigration consequences can be even more serious, with some convictions leading to removal proceedings regardless of how minor the underlying offense might seem.
The right defense now can save you from a lifetime of explaining a conviction later. If your case has already moved forward, our Indiana criminal record expungement services may help clear your record under the Indiana Second Chance Law, codified at **Indiana Code § 35-38-9**, once you are eligible.
Defenses We Use in Theft and Burglary Cases
Every case is different, but most theft and burglary cases share weaknesses on the prosecution side. Our job is to find those weaknesses and put pressure on them.
Lack of Intent
For both theft and burglary, intent is a required element. The State has to prove that you intended to take property that was not yours, or that you intended to commit a crime when you entered a building. Honest mistakes, miscommunications, and misunderstandings about ownership can all undercut the State’s theory of intent.
Mistaken Identity
Surveillance footage is often grainy, witness memories are often unreliable, and police identifications are often built on assumptions. Mistaken identity is one of the most common reasons innocent people end up charged with property crimes, and one of the most defensible.
Illegal Search and Seizure
Police must follow the Fourth Amendment every step of the way. If they searched your car, your home, or your person without a valid warrant or legal exception, the evidence they collected may be suppressed. When the evidence goes, the case often goes with it.
Claim of Right or Ownership
You cannot steal what you reasonably believed was yours. If you took property under an honest belief that you had a right to it, that belief can serve as a complete defense to a theft charge.
Lack of Knowledge in Receiving Stolen Property Cases
If you came into possession of stolen property without knowing it was stolen, that is a defense the State has to overcome. We see this often in cases involving items bought online, vehicles, or merchandise resold through informal channels.
Procedural Violations and Insufficient Evidence
Police make mistakes. They forget Miranda warnings, mishandle evidence, and overreach during questioning. Every one of those can become an opening for the defense. And sometimes the simplest defense is the strongest: the State has to prove every element beyond a reasonable doubt. If the evidence does not get there, the case should not survive.
What to Do If You Are Arrested for Theft or Burglary in Indianapolis
The decisions you make in the first hours and days after an arrest can shape the rest of your case.
First, do not talk to the police. Officers are trained to get statements that help the prosecution, not statements that help you. Just say you want a lawyer and stop talking.
Second, do not try to explain yourself. Anything you say can and will be used against you later, even if it sounded innocent in the moment.
Third, do not contact the alleged victim or anyone else involved in the case. Even a well meaning message can be twisted into evidence of intimidation or guilt.
Fourth, write down everything you remember while it is fresh. Names, times, locations, what was said. The notes are for your attorney only.
Fifth, call our office. The earlier we get involved, the more we can do.
Why Choose Razumich & Associates, P.C. for Your Theft or Burglary Defense
Razumich & Associates, P.C. has been defending Hoosiers against serious criminal charges since 2006. Jack Razumich is admitted to practice before the Supreme Court of the United States, before the federal courts, and has represented clients in 48 of Indiana’s 92 counties, credentials that set the firm apart from the vast majority of Indianapolis criminal defense attorneys.
We have walked clients through courtrooms in Marion County and across the State of Indiana. We know the prosecutors, we know the judges, and we know how these cases tend to move. More importantly, we know how to push back when the State overreaches.
When you sit down with our team, you will get a straight answer. We will tell you what the State has, what we think it is missing, what your realistic options look like, and how we plan to fight for the outcome you deserve. We do not push every client toward a plea. We do not treat your case like a number on a stack. We listen, we prepare, and we go to work.
Our firm also handles related charges that often overlap with theft and burglary cases, including Indianapolis drug crime defense, Indianapolis battery defense, Indianapolis major felony defense, and Indiana probation violation defense. If you are facing multiple charges, you do not have to find a different lawyer for each one.
Frequently Asked Questions About Theft and Burglary in Indiana
Q. Can theft and burglary be charged together in the same case?
A. Yes, and it happens often. If the State believes you entered a building intending to steal something, you can be charged with burglary for the entry and theft for taking the property. Each charge carries its own penalties, and a conviction on both can mean consecutive sentences.
Q. What if I was only the lookout or the driver?
A. Indiana law allows the State to charge people as accomplices under the aiding and inducing statute, codified at **Indiana Code § 35-41-2-4**. That means you can face the same charges as the person who actually committed the offense. These cases come down to what you knew, when you knew it, and whether you took meaningful steps to be part of the offense.
Q. Will a theft conviction stay on my record forever?
A. It can, if you take no action. Indiana law allows expungement for many theft and burglary related offenses once a waiting period has passed and certain conditions are met. The waiting period depends on the level of the offense.
Q. What happens at my first court appearance?
A. Your first appearance is called an initial hearing. The court reads the charges, advises you of your rights, and sets conditions of release including bond. The conditions set there can affect everything that follows, which is why having a defense attorney involved as early as possible matters.
Q. Can the alleged victim drop the charges?
A. Not on their own. Once a criminal case is filed in Indiana, the case belongs to the State. The prosecutor decides whether to pursue, reduce, or dismiss the charges, regardless of what the alleged victim wants.
Q. What is the difference between burglary and trespassing?
A. Trespassing is the unlawful entry onto property without permission, generally a misdemeanor. Burglary requires that you entered with the intent to commit a felony or theft inside. The intent element is what separates the two.
Q. Are first time offenders treated differently?
A. Sometimes, yes. Marion County and other Indiana counties offer programs like pretrial diversion that may allow a first time offender to avoid a conviction by completing certain conditions. Eligibility depends on the charge and the prosecutor’s discretion.
Q. Do you handle theft and burglary cases outside of Indianapolis?
A. Yes. Our attorneys have represented clients in 48 of Indiana’s 92 counties, including Marion County, Hamilton County, Hendricks County, Hancock County, and Johnson County. Wherever your case is filed, we can be there.
Ready to Talk About Your Situation
A theft or burglary charge is not the end of your story. It is a chapter, and how that chapter ends depends on what you do next.
We have walked beside people in Indianapolis who thought their lives were over, and we have watched them rebuild. We have seen first time accusations turn into dismissals, felony charges reduced to misdemeanors, and clients walk out of court with their futures intact. None of those outcomes happened by accident. They happened because the right defense was built early, the right pressure was put on the State, and the right arguments were made.
When you reach out to us, you will not get a sales pitch. You will get a real conversation. We will listen to what happened, ask the questions that matter, and tell you honestly what we think.
You deserve a defense team that treats your case like it matters, because it does. Your record, your reputation, and your future are worth protecting.
Contact us today to schedule your free consultation with our Indianapolis theft and burglary defense attorneys, and let us start working on a plan that puts you in the strongest position possible. The sooner we get to work, the more we can do.
