What are the penalties for theft in the first degree?

Penalties for Theft in the First Degree

Theft is a serious crime that can carry severe penalties depending on the circumstances. Theft in the first degree refers to the most serious level of theft crime and involves stealing property that exceeds a certain value threshold. The exact laws and penalties vary by state, but theft in the first degree is generally prosecuted as a felony offense.

What Constitutes Theft in the First Degree?

The primary factor that makes a theft charge first degree rather than a lesser offense is the value of the property stolen. For example, in Washington state theft in the first degree involves stealing property valued at $5,000 or more[3].

Other circumstances that could lead to a first degree theft charge include:

• Stealing property of any value directly from another person, such as pickpocketing or mugging[3]
• Stealing a firearm, regardless of value[1]
• Stealing a car[2]
• Stealing certain types of property like copper wiring, even if under the $5,000 threshold[1]

First degree theft may also apply in cases involving repeat theft offenders or theft from vulnerable individuals like the elderly or disabled, even for lower value amounts[2].

Penalties for Theft in the First Degree

Since theft in the first degree is prosecuted as a felony, penalties are severe compared to misdemeanor petty theft and involve the possibility of years in prison. Exact sentences vary based on state laws and the details of each case, but potential consequences include:

• Years in prison: Up to 10 years in prison is common for first degree theft convictions, with some states allowing up to 25 years for the highest value amounts stolen[1][4]
• Fines: Fines up to $30,000 are possible in some states. The fine amount may be based on double the value of property stolen. [4]
• Probation: Courts may allow probation in lieu of prison time, often with a suspended sentence if probation is violated. [2]
• Restitution: Restitution to compensate victims for stolen property and damages is typically mandatory. [2]
• Permanent criminal record: The felony conviction results in a permanent criminal record that can limit future job opportunities, leases, loans and other rights. [5]

In states with a “three strikes” rule for repeat offenders, a third theft conviction could potentially trigger a life sentence. [2]

Defenses Against First Degree Theft Charges

While theft in the first degree is a very serious charge, there are defenses that a skilled criminal defense lawyer may be able to raise in certain cases:

• Lack of criminal intent – If the theft was a genuine mistake or accident without criminal intent, this could defeat the charges. For example, if the defendant mistakenly thought the property was theirs or obtained it under the belief they had permission. [2]
• Duress – If the defendant felt threatened or coerced into the theft, this may provide a defense.
• False accusations – If the alleged stolen property was not actually taken by the defendant, this would undermine the charges.
• Invalid search – If evidence was obtained through an unlawful search, it may be excluded.
• Mental illness – In some cases, mental illness could provide grounds for an insanity defense or avoiding a prison sentence in favor of treatment. [2]

Early involvement of an experienced criminal defense attorney is crucial to raise any viable defenses and negotiate the best possible resolution to theft in the first degree charges.

Theft Crime Penalties by State

Penalties for theft in the first degree and other theft crimes vary significantly between states. Here are some examples of how penalties differ across the U.S.:

Washington

• Theft in the first degree – Class B felony with up to 10 years prison and $20,000 fine[3]
• Theft in the second degree – Class C felony with up to 5 years and $10,000 fine[3]
• Theft in the third degree – Gross misdemeanor up to 1 year and $5,000 fine[3]

Colorado

• Theft of $2,000-$5,000 – Class 6 felony with 1-1.5 years prison and $1,000-$100,000 fine[2]
• Theft of $5,000-$20,000 – Class 5 felony with 1-3 years prison[2]
• Theft of $20,000-$100,000 – Class 4 felony with 2-6 years prison[2]
• Theft over $1 million – Class 2 felony with 8-24 years prison[2]

New York

• Petit larceny under $1,000 – Misdemeanor with up to 1 year jail[4]
• Grand larceny $1 million+ – Class B felony with up to 25 years prison[4]
• Robbery – Up to 25 years prison; life sentence or death penalty possible[4]

Consequences Beyond Criminal Penalties

The consequences of a theft conviction go far beyond time spent in jail or paying a fine. A permanent felony record can have lifelong effects and make it much harder to obtain employment, housing, loans and educational opportunities. Some specific consequences may include:

• Difficulty finding a job or renting an apartment – Many employers and landlords conduct background checks and may decline applicants with a theft conviction.
• Ineligibility for professional licenses – Those with theft convictions may be denied professional licenses for fields like real estate, law, medicine and more.
• Loss of voting rights – Most states suspend voting rights during incarceration and parole, with some states imposing additional restrictions. [6]
• Ineligibility for federal benefits – A theft conviction can disqualify applicants from food stamps, student loans and other federal public assistance. [6]
• Higher insurance rates – Car insurance companies often raise rates significantly for drivers with a theft conviction.
• Immigration consequences – Theft convictions can result in deportation for non-citizens and prevent future U.S. citizenship. [6]
• Gun ownership restrictions – Federal and state laws prohibit gun ownership for those convicted of theft crimes.

Avoiding a Conviction

Given the severe criminal penalties and lifelong consequences that come with a theft conviction, it is imperative for anyone facing theft charges to consult with a criminal defense lawyer as early in the process as possible.

An experienced attorney understands the full implications of a conviction and can advocate for alternatives that avoid a permanent criminal record. Possible options include deferred adjudication programs, reduction to a misdemeanor charge, or pretrial diversion programs.

In some cases, charges may be dismissed entirely if the defense attorney can convince prosecutors they cannot prove guilt beyond a reasonable doubt or succeeds in getting evidence suppressed. The best outcome depends on the individual circumstances of each case.

With an aggressive defense and skilled negotiation by an attorney, many defendants can avoid the most serious penalties and consequences of a theft conviction. This gives the best chance to move forward with education, employment and other opportunities without a felony theft conviction acting as a lifelong barrier.