Understanding the Different Types of Theft Charges and Their Legal Consequences
Imagine your world is completely turned upside down because you’re facing theft charges.
Whether you’re being accused of petty theft from a local shop or felony theft that could send you to prison… These charges stick with you for years to come. In fact, according to USAfacts.org, property crimes continue to plague our nation. In 2024, larceny-theft alone accounted for 72.3% of ALL property crime rates committed.
72.3%!
But did you know…
Not all theft charges are created equal. You’re likely wondering how many types of theft charges there are and why they differ. Certain aspects of your alleged crime determine what you’ll be charged with. The differences between these charges could mean misdemeanor on your record or a felony theft conviction. Let’s dive in…
What You Will Learn
- These are the Different Types of Theft Charges
- Felony Theft vs. Misdemeanor Theft
- Penalties You Could Be Facing
- What Determines Your Charge
These are the Different Types of Theft Charges
There are several types of theft charges. Don’t worry we won’t bore you with all the legal jargon.
Laws classify theft into specific categories based on how the crime was committed and/or what was stolen. If you find yourself fighting felony theft charges, seeking a theft by taking lawyer consultation should be your first priority.
Here are the most common theft charges…
Petty Theft
Petty theft is a very minor charge when it comes to theft crimes. Petty theft is typically up to a certain dollar amount that each state varies.
Petty theft is usually considered a misdemeanor offense. Meaning you’re looking at less jail time and smaller fees. But that doesn’t mean you should take this charge lightly…
Any kind of theft charge that ends up with a conviction will remain on your permanent criminal record.
Grand Theft
Grand theft charges apply once you’ve stolen property that exceeds your state’s dollar amount.
Most states range from $1,000-$1,500 for felony theft. Some states even have a lower range such as New Jersey with $200. Texas and Wisconsin have you covered if you’re stealing up north at $2,500.
Grand theft charges are usually felony charges. You’re looking at 1 year to several years of prison time.
Theft by Taking
Say what now?
Don’t let the name confuse you. Theft by taking is just like it sounds… Someone takes your personal property without your consent and intends to keep it.
Value of the property plays a role. As well as previous criminal history. Theft by taking can be classified as either a misdemeanor or felony offense.
Robbery
Robbery is theft on another level.
Why? Because robbery requires force or the threat of force to seize another person’s property.
Because of this, robbery is ALWAYS considered a felony charge no matter the value of the property you stole.
Convictions for robbery can land you anywhere from several years to 20+ years of prison time. If a weapon is involved, expect an even prison sentence.
Burglary
Burglary is often mistaken for theft. Burglary ISN’T theft but it’s often related.
Burglary is when you unlawfully enter a structure with the intent to commit a crime.
Intent to commit a crime is key. The crime doesn’t even have to be theft.
Points to note…
- You must illegally enter the building
- You must intend to commit a crime against property or person
- The crime you intended to commit doesn’t need to be completed
Burglary can be classified as either a misdemeanor or felony charge. But if that building was occupied you’re probably looking at felony charges.
Felony Theft vs. Misdemeanor Theft
So now you’re probably wondering, what is the difference between felony theft vs. misdemeanor theft?
Misdemeanor theft is typically categorized by lower dollar amounts when it comes to property value. Misdemeanor convictions usually result in up to 1 year of jail time at a county jail. Of course, you’ll still be hit with fines and possibly probation.
Felony theft is where things start to bring the hammer down.
Felony theft convictions can include…
- Any amount of time over 1 year in prison
- $10,000+ in fines
- Permanent felony on your record
- Loss of voting privileges (depending on state)
- Tougher time trying to find a job
- Rejections on housing applications
According to the U.S. Sentencing Commission, in 2024, the average theft offenders sentenced in federal court served just over 22 months in prison.
Penalties You Could Be Facing
Besides the possibility of having to spend time behind bars…
Here are some other penalties you could be facing with a theft conviction.
Permanent Criminal Record
Whether you’re convicted with a misdemeanor or felony, theft convictions go on your permanent criminal record.
Future employers and landlords will see this when running your background check.
Restitution
If you’re convicted, the judge will likely order you to pay restitution. You’ll be responsible for paying back the value of what you stole.
Probation
Along with jail time, you could be sentenced to probation. Probation typically lasts 1 year or more. If you violate your probation you’ll be serving time.
Employment
Theft crimes are considered crimes of moral reprehension. You’ll automatically be disqualified when applying for most jobs.
You may face challenges when submitting job applications because you were convicted of theft.
What Determines Your Charge
Several factors determine if you’ll be charged with misdemeanor or felony theft charges.
Property Value
When it comes to theft charges, property value is the main key difference. Every state has different thresholds when it comes to the value of property.
Steal something that’s worth $500 in State A with the threshold at $1,000. You’ll most likely be charged with a misdemeanor.
But let’s say you stole that $500 in New Jersey where the threshold is $200. You just got felonied.
Previous Convictions
Your previous criminal history can also affect your charges.
Some states elevate misdemeanor theft to felony theft charges when you have previous theft convictions.
Type of Property
Another factor that can increase your charge is based on what you stole.
Typically, these are…
- Firearms
- Motor vehicles
- Controlled substances
- Cattle (some states)
Circumstances of Theft
How you steal can also change your charges.
Use a fake name, steal from your boss, target vulnerable victims? You could be looking at felony theft charges.
Stealing from elderly persons or disabled victims also come with harsher punishments.
The same rules apply if your theft involves breach of trust.
Violence Involved
If you used or threatened violence during the act of theft, you’ll be charged with robbery.
Wrap Up
You now know the different types of theft charges that you could face.
Whether you’re guilty of theft or not, it’s important to know your options. The differences between misdemeanor theft and felony theft are drastic. One mistake can change your life for the remaining years to come.
Property value, criminal history, and your current situation all play a role when fighting your theft charges.
Remember…
- There are several types of theft charges.
- Charges can range from petty misdemeanors to felony robbery charges.
- State laws can play a huge factor in what you’re charged with.
- Prior convictions can increase your charges.
- Convictions bring more consequences than jail time.
The penalties for theft crimes will follow you for the rest of your life. Don’t let theft charges take over your life… Contact a lawyer today and fight back!