Stealing During the Holiday Season Can Land You Six Years in Prison
Every holiday season there is an increase in thefts compared to the rest of the year. According to the National Retail Security Survey, the average dollar loss per shoplifting incident in 2018 was $559.00. In Indiana, if you have no prior convictions for theft or conversion, the amount you stole is $750.00 or under, and what you stole was not a firearm or motor vehicle, then you are facing a Class A Misdemeanor charge. A common misconception is that if you’re caught stealing and the value of the property is under $750.00 you can only be charged with a misdemeanor offense, however that is not always the case. If you have a prior conviction for theft or conversion then any subsequent theft charges will be filed as a Level 6 Felony; even if the amount is under $750.00. If the amount taken was over $750.00 you will automatically be facing a Level 6 Felony charge. If the amount exceeds $50,000.00 then you will be charged with a Level 5 Felony.
What are the possible penalties if I’m convicted of theft? If you are convicted of Theft as a Class A Misdemeanor, then you are looking at 0-1 year in the County Jail and up to a $5,000.00 fine. If you are convicted of Theft as a Level 6 Felony you could face up to two and a half years in Prison as well as a $10,000.00 fine. If convicted of Theft as a Level 5 Felony you are facing up to six years in Prison and a fine not to exceed $10,000.00. Additionally, you may also have to repay the fair market value of the items taken.
Just because you’re caught stealing it doesn’t mean that you’re going to be immediately taken to jail. In most instances, whether you are formally arrested and taken to jail is up to the discretion of the law enforcement officer. Campbell Law, P.C. frequently receives phone calls from prospective clients who were allegedly caught shoplifting from a major retailer such as Walmart, but were not immediately taken into custody. Instead, they were told by a law enforcement officer that they will be receiving paperwork (i.e. a Summons) in the mail from the court with a hearing date and time.
Just because you were not taken into custody at the moment you were suspected of shoplifting doesn’t mean that charges aren’t going to be filed. It’s also important to note that failure to appear for court after being issued a Summons in a criminal case will likely result in a warrant being issued for your arrest.
Given the foregoing, it is important that you hire a skilled criminal defense attorney such as Attorney Michael A. Campbell. Attorney Campbell has had success getting theft and similar charges dismissed on behalf of his clients.
Are you or someone you know facing criminal charges? Are You Looking For An Experienced Criminal Defense Attorney To Fight On Your Behalf? Don’t gamble, call Attorney Campbell today for a FREE Comprehensive Case Evaluation.