Theft and Shoplifting Charges: What Are Some Legal Defenses That May Apply?

Indiana law treats theft and shoplifting charges seriously and imposes significant consequences, from fines to potential jail time. A conviction may also result in a permanent criminal record that affects future employment or housing opportunities. While every situation is different, there are legal defenses that may apply depending on the facts of the case.

What Does Indiana Law Consider Shoplifting?

“Shoplifting” generally refers to knowingly taking items from a store without paying for them. It may also include altering price tags, concealing merchandise, or attempting to leave the store without paying. Under Indiana law, “theft” is defined as knowingly exerting unauthorized control over someone else’s property with the intent to deprive them of its value or use. Shoplifting cases are prosecuted as theft, and the penalties depend on the value of the property involved.

Can Lack of Intent Be a Defense?

Yes, “lack of intent” can be a defense. Theft requires proof that the accused intended to permanently deprive the owner of the property. If a person mistakenly left a store with unpaid merchandise or forgot to pay for an item, it may not meet the legal requirement for theft. Prosecutors must show that the act was intentional, not accidental.

How Can Mistaken Identity Play a Role?

“Mistaken identity” is another possible defense. In crowded stores with surveillance cameras, it is possible for store security or witnesses to incorrectly identify a suspect. Poor video quality, obstructed views, or rushed observations may lead to inaccurate accusations.

Can Consent of the Owner Serve as a Defense?

“Consent of the property owner” may be a valid defense. If the owner or store employee permitted someone to take or use the item, the act may not qualify as theft. For example, if a store clerk allowed a customer to borrow an item or provided permission for its removal, proving that consent was granted can challenge the prosecution’s case.

What if the Accused Believed the Property Was Theirs?

A “claim of right” defense may apply if the accused genuinely believed the property belonged to them. If a person mistakenly thought an item was their own or believed they had paid for it, this lack of intent to steal may be used in court. The key factor is whether the belief was honest, even if it was mistaken.

Can Law Enforcement Misconduct Affect a Case?

Yes, “misconduct” or procedural errors by law enforcement can affect theft or shoplifting charges. For example, if a search or seizure was conducted without proper legal authority, evidence obtained may be challenged in court. Similarly, if a confession was taken without advising the accused of their rights, that statement may be excluded.

How Does Insufficient Evidence Factor Into a Defense?

Prosecutors bear the burden of proving theft beyond a reasonable doubt. If evidence is weak or incomplete, a defense lawyer may argue that the state failed to meet this standard. Lack of clear surveillance footage, absence of credible witnesses, or inconsistent testimony can create doubt about the allegations.

Can Entrapment Apply to Shoplifting Cases?

“Entrapment” may be raised if law enforcement or store security persuaded or pressured someone into committing theft who otherwise would not have done so. This defense is not common but may apply if the conduct of authorities crossed legal boundaries. Courts examine whether the accused was predisposed to commit the act or if improper influence was the primary factor.

Let the Elkhart Criminal Defense Lawyers at Wilson & Kinsman, LLC Fight to Protect Your Rights

If you are facing theft or shoplifting charges, contact the Elkhart criminal defense lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients throughout the state.