There are legal consequences in every state for theft, although they may differ by jurisdiction, which usually includes:
- Criminal fines: These are usually proportionate to the amount stolen;
- Higher theft amounts may result in greater fines;
- Jail or prison sentences: These may increase or decrease in severity according to the amount stolen;
- Restitution: This may involve the defendant returning the stolen property or reimbursing the victim for losses caused by the theft.
There are also other legal consequences that may result in the loss of the defendant’s rights, for example, the right to bear firearms. Typically, this is enforced for felony theft convictions.
What Does It Mean to Take the Property of Another?
Theft is defined as the taking of property of another individual with the intention of permanently depriving them of it. There are different broad categories of theft.
These categories of theft separate the severity of the offense for the purposes of sentencing, including:
The length of a defendant’s sentence will be determined by the type of theft that occurred as well as the type of property that was stolen. Theft may also be called by other terms, including:
- Burglary;
- Larceny;
- Embezzlement;
- Looting;
- Robbery; or
- Shoplifting.
Each of these different terms describes different types of theft. The state laws that govern these categories will typically vary. This means that different state laws may make a sentence for theft more or less severe.
How Does Property Value Affect the Severity of Theft Penalties?
How a theft will be categorized is determined by the dollar amount of the stolen property. The dollar amount of the property that was stolen will typically determine whether a defendant will face misdemeanor or felony charges.
The categories can be further qualified as follows:
- Petty theft: In cases where the property that was stolen had a relatively low value, petty theft charges may result;
- States often have a specific dollar figure, such as $500 or $1,000, as an upper limit for petty theft charges;
- These charges are typically misdemeanors that carry fines or relatively short jail times, typically less than six months but less than one year;
- Grand theft: In cases involving more valuable stolen property, an individual may face grand theft charges;
- Grand theft can be charged as a misdemeanor or a felony, depending on the circumstances that surround the offense;
- Prosecutors will consider the type of property that was stolen, how the theft occurred, and the defendant’s previous criminal history;
- Misdemeanors will have a maximum jail time of less than one year, while a felony charge will carry a minimum jail time of more than one year in state prison; and
- Grand felony theft: This offense occurs when the threshold dollar amount or the type of property that was stolen has been met or exceeded. The specific dollar amount of property that has to be stolen to be grand theft is different in each state;
- For example, Virginia has a threshold of $200, while Arizona has a $1,000 threshold between a misdemeanor and a felony.
What Are the Consequences of a Theft Conviction on Your Criminal Record?
If a defendant is convicted of a theft offense, it may result in several different legal consequences, including:
- Fines;
- Incarceration;
- Probation;
- Criminal records.
Having a criminal record may have serious repercussions that affect many aspects of an individual’s life, not just their criminal record, including:
- Employment;
- Travel to other countries;
- The ability to find housing;
- The ability to vote;
- Their finances.
How Might a Theft Conviction Affect My Employment?
Theft is a moral crime that involves dishonesty. Because of this, potential employers may turn down job applications for individuals who have criminal records. This is true, especially in cases where the open position involves an element of trust. For example, positions that involve the handling of money, such as being a bank teller, require a trustworthy and honest worker.
An employer would not want to hire an employee who may steal funds for themselves or engage in employee theft. Therefore, for individuals who have theft convictions on their criminal record, this type of position may be difficult to obtain.
How Might a Theft Conviction Affect My Ability to Travel to Other Countries?
If an individual has a criminal record, they may find it difficult to travel to another country. Disclosing a criminal record is a mandatory part of the visa application process in some countries.
If an individual has a serious theft charge on their criminal record, they may find it difficult to enter another nation, especially if they are a repeat offender.
How Might a Theft Conviction Affect My Ability to Find Housing?
Housing, or shelter, is considered a basic human right. However, an individual may find it more difficult to obtain housing if they have a theft conviction.
A prospective landlord may want to provide accommodations for a reliable tenant who will pay their monthly rental installments in a timely fashion. There are many landlords that use background checks as a part of their rental application process.
If a landlord discovers a prior theft conviction on a potential tenant’s record, a landlord may not trust the potential tenant enough to approve their housing request.
How Might a Theft Conviction Affect My Ability to Vote?
The Brennan Center for Justice reports that over five million United States citizens have lost their right to vote because they have a criminal record. There are 35 countries that will also deny a convicted felon the right to vote.
If having the right to vote is important to an individual, a theft conviction may prevent them from exercising that right.
How Might a Theft Conviction Affect My Finances?
If an individual has a felony theft charge on their criminal record, they will likely be denied financial loans. Financial organizations conduct character assessments as well as use criminal records to make their decisions regarding loans.
An individual might be able to secure a loan when they have a criminal record. However, the interest rates will typically be very high. Then, convictions are often related to issues of loyalty.
It is much more difficult for an individual to be trusted once they have committed a crime of deceit. An individual may encounter the previously discussed consequences as they attempt to move forward with their lives.
If an individual is facing a theft charge, they should do everything in their power to prevent the serious consequences of having a criminal record. A criminal law attorney can help an individual prepare their case.
Are There Any Alternative Sentences Available for Theft Crimes?
In certain theft cases, there may be alternative sentencing options available. For example, pre-trial diversion may allow an individual to be diverted from traditional jail or prison sentences.
Instead, the defendant may be permitted to complete community service or other similar programs instead of jail time. Alternative sentencing options are typically available for:
- First-time offenders;
- Juvenile offenders;
- Theft crimes where the total value of the property that was stolen is very low or negligible.
In addition, if a defendant has a viable defense for their case, they may be able to receive a reduced sentence or have their charges dropped. One common example of this is when a defendant never took possession of the property in question.
This may serve as a lack of proof and as a defense against the charges. The defenses and arguments that may be available will vary from case to case and will also depend on the facts of each case.
Should I Hire a Lawyer for Help With Theft Charges?
If you are facing theft charges, it is essential to consult with a criminal lawyer. Defending against these types of charges usually requires the legal guidance and advice of a skilled attorney.
Your attorney will determine if there are any defenses that may be available to you and also try to negotiate on your behalf with the prosecution. It is important to remember that if you cannot afford an attorney, the court can appoint one for you.
Having a lawyer on your case is the best chance you have at avoiding the numerous and severe consequences that may come with having a theft conviction on your criminal record.
