theft d felony
and cause 44 dol 1212 fd 307
Criminal Defense Attorney
Ind. Code § 35-43-4-2(2) is not understandable unless it is Ind. Code § 35-43-4-2(a)(2) or Ind. Code § 35-43-4-2(b)(2). Ind. Code § 35-43-4-2(a)(2) is a statute defining a crime. It can be found at http://www.in.gov/legislative/ic/code/title35/ar43/ch4.html. It defines the crime of theft of valuable metal and states that the metal must be related to transportation safety, public safety, or be taken from a hospital, a telecommunications provider, a public utility, or a key facility. The absence of the property taken must create a substantial risk of bodily injury. If the crime is under Ind. Code § 35-43-4-2(b)(2), that means the accused person received the stolen valuable metal rather than stole it himself.
Theft as a Class D felony is a crime that carries a maximum penalty of 3 years’ imprisonment. It is interesting that you ask in the context of Ind. Code § 35-43-4-2(2), because theft of a valuable metal is a Class C felony, which carries a maximum penalty of 8 years.
The cause number you listed is part of a numbering system that shows the case was from the Lagrange County Superior Court Number 1, was filed in December 2012, and is for a Class D felony. Because the cause number relates to a Class D felony and you mentioned a Class D felony, maybe this has nothing to do with a valuable metal, and is just a case about a regular theft of some other property.
In any case, the person charged with this crime needs to find a lawyer immediately to be properly defended. If he can’t afford an attorney, the court is required to appoint a public defender.
I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.