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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15931
Experience:  Licensed Texas General Practice Attorney
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I was charged with theft of $530.00 in gift cards and I was

Customer Question

I was charged with theft of $530.00 in gift cards and I was wondering what could happen since this is my first offense.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. As it's a first offense, it's likely that there won't be any jail / prison, but rather probation. Now the law does not make a distinction between misdemeanor and felony theft based upon how much you took, but rather the prosecutor has discretion as to charging the crime as one or the other given the facts of the matter. Now the less that was taken, the more likely it would be charged as a misdemeanor.

There is no "petty theft" statute in Indiana. Rather, Indiana law refers to this level of theft offense as “conversion,” which is a Class misdemeanor. A person who commits a Class A misdemeanor may receive a term of imprisonment of not more than one year, as well as a fine of not more than $5,000. (Ind. Code Ann. § 35-50-3-2.) The court may suspend any portion of a Class A misdemeanor sentence. (Ind. Code Ann. § 35-50-3-1.) Note that it's "not more than" a year. Again, given that this was a first offense, it's likely that no jail would be ordered at all, but rather probation (keep your nose clean for a specific period of time and you won't go to jail).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable.

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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