Theft Offenses: What You Need to Know

Theft – it’s an age-old crime that we’ve all heard about. But what actually constitutes “theft” in the eyes of the law? As with most legal matters, it can get a bit complicated. This article aims to break down the basics when it comes to theft offenses so you can get a handle on what’s what. We’ll cover the different types of theft crimes, penalties, and defenses. Let’s dig in!

What is Theft?

In simple terms, theft is the act of taking someone else’s property without permission with the intent to permanently deprive them of it. There’s usually some sneaky, illegal element involved.

Some common examples:

• Shoplifting – nabbing merchandise from a store without paying
• Pickpocketing – slipping your hand into someone’s pocket or purse and taking their cash or belongings
• Burglary – breaking into a building to steal property inside
• Embezzlement – stealing money from your employer
• Auto theft – swiping someone’s car without their consent

You get the idea. If it ain’t yours and you sneakily take it, it’s likely theft.

Types of Theft Crimes

Not all theft is treated equal under the law. Some acts are deemed more serious than others, with penalties to match. Here are some of the main categories of theft offenses:

Petty Theft – Also called petty larceny, this is theft of property valued under a certain dollar amount – say $500. Exact amounts vary by state. Petty theft charges are misdemeanors.

Grand Theft – This refers to more serious theft of higher value property – usually over $500 or $1,000, depending on the state. Penalties can include years in prison.

Burglary – Breaking into a building to commit a theft is burglary. Even if nothing is stolen, illegally entering with intent to steal can count. Burglary is a felony.

Robbery – Using violence or threats to steal from a person directly – i.e. mugging – is robbery. Also a felony.

Shoplifting – Swiping goods from a store without paying. Can be charged as petty theft or commercial burglary depending on circumstances.

Embezzlement – When a person abuses their job position to steal money or property entrusted to them. Common with accountants, bankers, etc. White collar felony.

Auto Theft – Stealing a car is grand theft auto. Whether joyriding or chop shop operation, it’s a felony offense.

As you can see, theft laws make distinctions about the nature, value and context of a theft when determining charges and punishments.

Theft Penalties

The penalties for a theft conviction largely depend on the type of theft, value of property stolen, and criminal record of the accused. Some guidelines:

• Petty theft – Fines up to $1,000 and/or jail time up to 1 year.
• Grand theft – State prison up to 3 years. Higher value theft could mean longer sentences.
• Burglary – Up to 6 years in prison. Burglary with a weapon can mean decades behind bars.
• Robbery – From 3 years minimum up to 15+ years in prison, depending on circumstances.
• Shoplifting – Can be charged as petty theft with small fines, or commercial burglary if over $950 stolen, which carries prison time.
• Embezzlement – Typically 1-10 years in state prison. Large scale embezzlement ($500k+) could mean decades in prison.
• Auto theft – Grand theft auto can mean up to 3 years in state prison. Chop shop operators get longer sentences.

As you can see, some theft offenses carry stiff sentences, especially for repeat offenders. It pays to avoid taking what isn’t yours.

Defenses Against Theft Charges

Facing theft accusations? While the outlook may seem bleak, there are some defenses that a skilled criminal lawyer may use to fight the charges:

• Mistake of fact – Believing you had permission to take the property negates intent. Like grabbing a friend’s jacket by accident.
• Intoxication – Being so drunk or high you lack awareness of your actions may invalidate intent.
• Insanity – Having a mental defect preventing you from understanding the crime or controlling behavior.
• Duress – Being forced to commit the theft against your will – i.e. by threats of violence.
• False accusations – Police made a mistake – it was someone else who committed the theft.
• Improper police conduct – Evidence against you was obtained illegally by police.

While successfully beating a theft charge involves lots of work, in the right circumstances these defenses could get charges reduced or dismissed. Don’t go it alone – consult an attorney.

The Bottom Line

Theft laws aim to protect private property from being taken illegally. Charges range from petty fines to lengthy prison time depending on the circumstances of the theft. If accused of theft, consulting an experienced criminal defense lawyer is critical, as they can properly evaluate defenses and build your case. While no one condones theft, understanding the nuances in the law can help if you find yourself accused. Use common sense – don’t take what doesn’t belong to you! But if you do find yourself facing charges, know there are options.