Being charged with theft can be embarrassing and have significant impacts on your quality of life. In addition to potential jail time and fines, a theft conviction is considered a crime of dishonesty. Because it is considered a crime of dishonesty a theft conviction can impact the type of work that you are able to do in the future. The level of theft is typically dictated by the value of the item allegedly taken. Theft can be either a felony or a misdemeanor. The level of Theft ranges from 1st degree down to 3rd degree.
Theft in the First Degree: Theft 1 is a felony offense. Generally, a person is considered guilty of fist degree theft if the State proves that he or she stole property or services which exceed(s) $5,000 in value other than a firearm. A person can also be found guilty of theft 1 if the property is taken from the person of another. Interestingly, a person can also be found guilty of Theft 1 if the State proves that the person stole ‘nonferrous metal property and the damage to the owner’s property exceeded $5,000. Theft is a class B felony.
Theft in the Second Degree: Theft 2 is a felony offense. A person is guilty of theft in the second degree if the value of the property or services unlawfully taken exceeds $750 but does not exceed $5000 in value. A person may also be found guilty of Theft 2 if the State can prove that they stole metal property that exceeded seven hundred and fifty dollars in value but did not exceed $5000. Theft in the second degree is a class C felony.
Theft in the Third Degree: Theft 3 is a gross misdemeanor. A person is guilty of thef in the third degree if he or she commits theft of property or services that does not exceed $750. The maximum penalty for Theft 3 is 364 days in jail and a $5000 dollar fine.
Possession of Stolen Property: (1) Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto. It is not a defense to possession of stolen property that the person that stole the property was not convicted or charged with having stolen the property. Possession of Stolen property charges can range from 1st degree down to 3rd degree.
- First Degree Possession of Stolen Property involves possessing stolen property , other than a firearm or a motor vehicle, which exceeds $5000 dollars. First Degree Possession of Stolen Property is a class B felony.
- Second Degree Possession of Stolen property entails possessing stolen property, other than a firearm or motor vehicle, which exceeds $750 dollars but is less than $5000 dollars. Second Degree Possession of Stolen Property is a class C Felony.
- Third Degree Possession of Stolen property involves possessing stolen property, other than a firearm or motor vehicle, which does not exceed $750 dollars. Third degree Possession of Stolen Property is a gross misdemeanor.
The James Bible Law group has represented individuals that have been charged with every level of theft. We have represented individuals that have been accused of stealing as much as one million dollars and individuals that have been accused of stealing as little as $3 dollars (shoplifting). If you or a loved one is charged with theft, you need a dedicated and skilled attorney on your side. We look forward to the opportunity to assist you with your needs.