Theft & Burglary Defense Lawyers in Indiana

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Retaining an experienced Indiana theft and burglary defense attorney protects your constitutional rights and freedom when facing serious property crime charges. Skilled legal counsel scrutinizes evidence, challenges search procedures, and pursues pretrial diversion to avoid convictions. Explore our statewide directory below to consult an established Indiana defense lawyer today.
Verdelski Miller Law - Evansville, IN - Attorney in Evansville
Verdelski Miller Law - Evansville, IN

Verdelski Miller Law - Evansville, IN

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329 Main St, Evansville, Indiana
Free Consultation
Specializing in: Murder Defense, Assault Defense, Drug Crimes, DUI Defense, Gun Charges, Property Crimes, Disorderly Conduct
Blankenship Law, LLC - Carmel, IN - Attorney in Carmel
Blankenship Law, LLC - Carmel, IN

Blankenship Law, LLC - Carmel, IN

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11405 N Pennsylvania St Suite 115, Carmel, Indiana
Free Consultation
Specializing in: DUI and OWI Defense, Drug Crime Defense, Expungements, Domestic Violence Defense, Major Felonies
Miller Waters Martin and Hall - Indianapolis, IN - Attorney in Indianapolis
Miller Waters Martin and Hall - Indianapolis, IN

Miller Waters Martin and Hall - Indianapolis, IN

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101 W Ohio St, Indianapolis, Indiana
Specializing in: Estate Planning, Probate, Business Law, Personal Injury, Workers' Compensation
Law Office of Corey L. Scott - Indianapolis, IN - Attorney in Indianapolis
Law Office of Corey L. Scott - Indianapolis, IN

Law Office of Corey L. Scott - Indianapolis, IN

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8117 E Washington St, Indianapolis, Indiana
Free Consultation
Specializing in: Criminal Defense, Bankruptcy, Family Law, Expungements
Robert Canada, Attorney at Law - Evansville, IN - Attorney in Evansville
Robert Canada, Attorney at Law - Evansville, IN

Robert Canada, Attorney at Law - Evansville, IN

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5111 Lincoln Ave, Evansville, Indiana
Specializing in: Criminal Defense, DUI Defense, Drug Crimes, Felony Defense
Arvil R. Howe, Attorney at Law - South Bend, IN - Attorney in South Bend
Arvil R. Howe, Attorney at Law - South Bend, IN

Arvil R. Howe, Attorney at Law - South Bend, IN

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212 S Taylor St, South Bend, Indiana
Free Consultation
Specializing in: Federal Criminal Defense, State Criminal Defense, DUI Defense, White Collar Crimes, Drug Offenses
Keating Legal - Carmel, IN - Attorney in Carmel
Keating Legal - Carmel, IN

Keating Legal - Carmel, IN

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303 Congressional Blvd, Carmel, Indiana
Specializing in: Criminal Defense, Family Law, OWI Defense, Divorce, Child Custody
Duff Law, LLC - Evansville, IN - Attorney in Evansville
Duff Law, LLC - Evansville, IN

Duff Law, LLC - Evansville, IN

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7525 E Virginia St Ste 450, Evansville, Indiana
Free Consultation
Specializing in: OWI Defense, Criminal Defense, Divorce, Child Custody, Child Support, Chapter 7 Bankruptcy
Britton Law LLC - South Bend, IN - Attorney in South Bend
Britton Law LLC - South Bend, IN

Britton Law LLC - South Bend, IN

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712 E Jefferson Blvd, South Bend, Indiana
Free Consultation
Specializing in: Criminal Defense, OWI Defense, DUI, Felony Drug Crimes, Assault and Sex Charges, Domestic Violence, Traffic Offenses
The Law Offices of Rebecca Gray, LLC - Indianapolis, IN - Attorney in Indianapolis
The Law Offices of Rebecca Gray, LLC - Indianapolis, IN

The Law Offices of Rebecca Gray, LLC - Indianapolis, IN

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5610 Crawfordsville Rd Suite 709, Indianapolis, Indiana
Free Consultation
Specializing in: DUI Defense, Drug Charges, Expungements, Traffic Violations, Domestic Violence
John P. Brinson Attorney at Law - Evansville, IN - Attorney in Evansville
John P. Brinson Attorney at Law - Evansville, IN

John P. Brinson Attorney at Law - Evansville, IN

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111 SE 3rd St Suite 400, Evansville, Indiana
Specializing in: Family Law, Divorce, Child Custody, Child Support, Wills, Estates, Guardianship, Criminal Defense, DUI Defense, Drug Crimes
David E. Lewis Attorney at Law - Indianapolis, IN - Attorney in Indianapolis

David E. Lewis Attorney at Law - Indianapolis, IN

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156 E Market St, Indianapolis, Indiana
Free Consultation
Specializing in: Criminal Defense, DUI Defense, Drug Crimes, Expungement, Probation Violations
Schnepper Law - Evansville, IN - Attorney in Evansville
Schnepper Law - Evansville, IN

Schnepper Law - Evansville, IN

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4 NW 2nd St Suite 3, Evansville, Indiana
Free Consultation
Specializing in: Personal Injury, Car Accidents, Motorcycle Accidents, Truck Accidents, Slip and Fall, Dog Bites, Wrongful Death, Criminal Defense, DUI Defense, Expungements
Lipinski Law - Indianapolis, IN - Attorney in Indianapolis

Lipinski Law - Indianapolis, IN

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951 N Delaware St, Indianapolis, Indiana
Free Consultation
Specializing in: Environmental Law, Zoning and Land Use, Post-Conviction Relief, Expungements
Bernhardt Phillips, LLP - Indianapolis, IN - Attorney in Indianapolis
Bernhardt Phillips, LLP - Indianapolis, IN

Bernhardt Phillips, LLP - Indianapolis, IN

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850 Massachusetts Ave, Indianapolis, Indiana
Specializing in: Divorce, Child Custody, Criminal Defense, Mediation, Paternity
Gregory A. Miller - Fort Wayne, IN - Attorney in Fort Wayne

Gregory A. Miller - Fort Wayne, IN

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116 E Berry St, Fort Wayne, Indiana
Free Consultation
Specializing in: DUI Defense, Drug Possession, Expungements, Domestic Battery, Traffic Violations
The Criminal Defense Team - Baldwin, Perry & Wiley, PC - Indianapolis, IN - Attorney in Indianapolis

The Criminal Defense Team - Baldwin, Perry & Wiley, PC - Indianapolis, IN

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1060 Villa Ave, Indianapolis, Indiana
Free Consultation
Specializing in: Murder Defense, Sex Crimes, Major Felonies, OWI Defense, Drug Charges
Bob Zoss Law Office, LLC - Evansville, IN - Attorney in Evansville
Bob Zoss Law Office, LLC - Evansville, IN

Bob Zoss Law Office, LLC - Evansville, IN

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2405 N Green River Rd, Evansville, Indiana
Free Consultation
Specializing in: Family Law, Divorce, Child Custody, Child Support, Adoptions, Criminal Defense, DUI Defense, Drug Crimes, Expungements, Appeals
Coots, Henke & Wheeler - Carmel, IN - Attorney in Carmel
Coots, Henke & Wheeler - Carmel, IN

Coots, Henke & Wheeler - Carmel, IN

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255 E Carmel Dr, Carmel, Indiana
Specializing in: Criminal Defense, Family Law, Real Estate Law, Business Litigation, Estate Planning, Insurance Law
Law Office of Jerry L. Garner - Evansville, IN - Attorney in Evansville
Law Office of Jerry L. Garner - Evansville, IN

Law Office of Jerry L. Garner - Evansville, IN

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123 NW 4th St, Evansville, Indiana
Free Consultation
Specializing in: Felony and Misdemeanor Defense, Drug Charges, DUI, Property / Theft, Weapon Charges, Murder, Assault, Domestic Abuse, Sex Crimes, White Collar, Misdemeanors
Craig Law Office - Evansville, IN - Attorney in Evansville
Craig Law Office - Evansville, IN

Craig Law Office - Evansville, IN

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401 SE 6th St, Evansville, Indiana
Specializing in: Criminal Defense, Divorce, Child Support Modifications, Child Custody, Personal Injury
Razumich & Associates, P.C. - Indianapolis, IN - Attorney in Indianapolis

Razumich & Associates, P.C. - Indianapolis, IN

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156 E Market St, Indianapolis, Indiana
Free Consultation
Specializing in: DUI Defense, Expungements, Battery Charges, Drug Possession
Massillamany Jeter & Carson LLP - Fishers, IN - Attorney in Fishers
Massillamany Jeter & Carson LLP - Fishers, IN

Massillamany Jeter & Carson LLP - Fishers, IN

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14 Municipal Dr UNIT 300, Fishers, Indiana
Free Consultation
Specializing in: Criminal Defense, DUI Defense, Drug Crime Defense, Violent Crime Defense, Family Law, Divorce, Child Custody, Child Support, Business Litigation, Personal Injury
Fleming Law - Indianapolis, IN - Attorney in Indianapolis

Fleming Law - Indianapolis, IN

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1512 N Delaware St, Indianapolis, Indiana
Free Consultation
Specializing in: Domestic Violence Defense, Drug Charges, DUI Defense, Gun Crimes
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Property Crime Prosecution Across Indiana Judicial Circuits

Facing criminal allegations of theft, conversion, or burglary in Indiana triggers immediate prosecution within the state's criminal court system. Property crimes are litigated within the Circuit and Superior Courts across Indiana's 92 counties. Significant criminal caseloads are managed by the Marion County Superior Court Criminal Division in Indianapolis, as well as county divisions in Lake, Allen, Hamilton, and Vanderburgh counties.

Criminal proceedings are initiated through an Information and Probable Cause Affidavit filed by county prosecutors via the Indiana E-Filing System (IEFS). Defense attorneys admitted by the Indiana State Bar Association and regulated by the Indiana Supreme Court Disciplinary Commission represent accused individuals through initial hearings, bond reviews, and formal omnibus dates. Defense counsel examines search warrants, evaluates surveillance evidence, and determines eligibility for alternative sentencing.

Engaging a skilled defense attorney early in the investigatory stage is essential to prevent formal charges or mitigate severe felony classifications. Knowledgeable legal counsel works with prosecutors to secure pretrial diversion or conditional dismissals for eligible defendants, shielding individuals from permanent criminal records and incarceration within the Indiana Department of Correction (IDOC).

Legal Fee Structures and Defense Costs for Indiana Theft & Burglary Cases

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Misdemeanor Conversion or ShopliftingFlat Fee$1,500 - $3,500First-time offense, merchant video surveillance review, restitution agreement, diversion eligibility.
Level 6 Felony Theft ($750 - $50,000 or Prior)Flat Fee or Hourly$3,000 - $7,500Prior theft convictions, stolen property valuation dispute, loss prevention witness depositions.
Level 5 or Level 4 Felony BurglaryHourly Retainer ($250 - $450/hr)$6,000 - $18,000Dwelling versus commercial structure, intent element challenges, constitutional search suppression motions.
High-Level Burglary / Multi-Defendant TrialHourly Retainer ($300 - $550/hr)$15,000 - $45,000+Allegations of bodily injury or deadly weapons, forensic fingerprint or DNA evidence, multi-day jury trial.

Critical Legal Deadlines & Statutes in Indiana

Property offenses in Indiana are classified according to statutory property values and structural entry definitions. Under Ind. Code § 35-43-4-2, theft of property valued under $750 is classified as a Class A misdemeanor, carrying up to one year in jail. The offense elevates to a Level 6 felony (punishable by six months to two and a half years of incarceration) if the property value is between $750 and $50,000, or if the individual has a prior conviction for theft or conversion. Theft of property valued at $50,000 or more, or property that is a motor vehicle, constitutes a Level 5 felony carrying one to six years imprisonment.

Burglary charges carry severe felony penalties under Ind. Code § 35-43-2-1. A person who breaks and enters the building or structure of another person with intent to commit a felony or theft commits a Level 5 felony. If the structure is a dwelling, the charge elevates to a Level 4 felony. The offense escalates to a Level 3 felony if it results in bodily injury, a Level 2 felony if committed with a deadly weapon, and a Level 1 felony (up to 40 years imprisonment) if it results in serious bodily injury to a person other than the defendant within a dwelling.

The statute of limitations for criminal prosecutions in Indiana is codified under Ind. Code § 35-41-4-2. Misdemeanor charges must be commenced within two years of the offense. For Level 3 through Level 6 felonies, prosecution must be initiated within five years. For first-time misdemeanor property offenses, prosecutors may offer diversion programs under Ind. Code § 33-39-1-8. Successful completion results in dismissal, allowing future record expungement under Ind. Code § 35-38-9-2 after five years, or after eight years for Level 6 felonies under Ind. Code § 35-38-9-3.

Small Claims Limitations vs. Formal Criminal Defense

Under Ind. Code § 33-28-3-4, Indiana small claims dockets have a $10,000 monetary jurisdiction. However, small claims courts possess zero jurisdiction over criminal prosecutions. While merchants or property owners may file civil conversion lawsuits under Indiana's Crime Victims Relief Act (Ind. Code § 34-24-3-1) to pursue treble damages, civil settlements do not resolve state criminal charges.

Attempting to handle theft or burglary accusations without experienced criminal defense counsel exposes individuals to severe legal consequences. Unrepresented defendants often give self-incriminating statements to law enforcement or accept guilty pleas without examining whether police possessed constitutional grounds for detention or search. Experienced criminal defense attorneys scrutinize police affidavits, identify evidentiary defects, and negotiate favorable plea agreements or case dismissals.

Red Flags to Avoid When Choosing an Indiana Criminal Defense Lawyer

  • Attorneys who guarantee an automatic dismissal or no jail time before examining the probable cause affidavit and state discovery disclosures.
  • Practitioners who pressure defendants to accept guilty pleas at the initial hearing without investigating search warrant legality or surveillance footage.
  • Lawyers who lack recent courtroom trial experience in Indiana Circuit and Superior Courts or who are unfamiliar with local county diversion programs.
  • Firms that fail to provide transparent, written fee agreements explaining whether pretrial suppression motions and jury trial representation are covered.

Frequently Asked Questions

What is the dollar threshold between misdemeanor and felony theft in Indiana?

Under Ind. Code § 35-43-4-2, theft of property valued under $750 is a Class A misdemeanor. If the value of the property is $750 or more but less than $50,000, or if the person has a prior theft conviction, the offense is charged as a Level 6 felony.

What is the legal difference between theft and burglary in Indiana?

Theft under Ind. Code § 35-43-4-2 involves exerting unauthorized control over someone else's property. Burglary under Ind. Code § 35-43-2-1 requires breaking and entering a building or structure with the specific intent to commit a felony or theft inside.

What is the statute of limitations for theft and burglary in Indiana?

Pursuant to Ind. Code § 35-41-4-2, misdemeanor theft charges must be filed within two years. For Level 3 through Level 6 felonies, the state must commence prosecution within five years of the offense.

Can a first-time theft charge be dismissed through diversion in Indiana?

Yes. Under Ind. Code § 33-39-1-8, prosecutors may offer pretrial diversion agreements to eligible non-violent, first-time misdemeanor offenders, which results in the complete dismissal of charges upon meeting program requirements.

Can theft convictions be expunged from criminal records in Indiana?

Under Indiana's Second Chance Act, misdemeanor theft convictions can be expunged after five years under Ind. Code § 35-38-9-2, while non-violent Level 6 felony theft convictions are eligible for expungement after eight years under Ind. Code § 35-38-9-3.

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