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Theft is the act of taking another person’s property without their permission, and with the intent to deprive them of the property. There are other actions that are classified as theft, including identity theft, mail theft, wrongfully obtaining assistance, and more.

The severity of the theft charges you are facing is dependent on several factors, including the value of the stolen property, the nature in which the property was stolen, what type of property was stolen, and if you have a prior theft conviction within the past five years.

If you have been charged with or are under investigation for theft, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

Misdemeanor Theft

Generally, if the stolen property was valued at $500 or less, you will be charged with a misdemeanor offense. In cases of identity theft, however, the total loss must be $250 or less to qualify as a misdemeanor. If you have been charged with misdemeanor theft, the penalties include up to 90 days in jail and/or a $1,000 fine.

If the circumstances that lead to misdemeanor theft apply, but you created a reasonably foreseeable risk of bodily harm to another person while carrying out the theft, the charges will be enhanced to a felony. If misdemeanor theft is enhanced to a felony, the penalties include up to 3 years in prison and/or a $5,000 fine.

Gross Misdemeanor Theft

If the value of the stolen property was more than $500 but no more than $1,000, you will be charged with a gross misdemeanor. If you have been charged with gross misdemeanor theft, the penalties include up to 364 days in jail and/or a $3,000 fine.

If the circumstances that lead to gross misdemeanor theft apply, but you created a reasonably foreseeable risk of bodily harm to another person while carrying out the theft, the charges will be enhanced to a felony. If gross misdemeanor theft is enhanced to a felony, the penalties include up to 3 years in prison and/or a $5,000 fine.

Felony Theft

Felony theft encompasses a wider range of actions with varying penalties. Although theft of property valued between $500–$1,000 is generally a gross misdemeanor offense, you can be charged with a felony if you have a previous theft conviction within the past 5 years. You may also be charged with a felony if the property was valued at no more than $1,000 and:

• The property was a Schedule III, IV, or V drug.
• The property was taken from a corpse, grave, or coffin.
• The property was a record, writing, instrument either kept, filed, or deposited in accordance with any public official/office.
• The property was taken from a burning, abandoned, vacant building, or from an area of destruction caused by civil disaster or riot.
• The property was a motor vehicle.
• The property consists of public funds.

It is also a felony if the stolen property/services value was more than $1,000 but not more than $5,000. If you have been charged with felony theft under any of the aforementioned circumstances, the penalties include up to 5 years in prison and/or a $10,000 fine.

Another form of felony theft occurs when the value of the stolen property or services is more than $5,000, or was a trade secret, an explosive or incendiary device, or a Schedule I or II drug (not including marijuana). If you have been charged with felony theft of more than $5,000, a trade secret, an explosive/incendiary device, or a Schedule I or II drug, the penalties include up to 10 years in prison and/or a $20,000 fine.

The most severe penalties occur when the stolen property was a firearm, or if the value of the stolen property/services was more than $35,000. If you are facing felony theft charges because you either stole a firearm or the value of the property/services was more than $35,000, penalties include up to 20 years in prison and/or a $100,000 fine.

If any felony theft offense occurred, but you created a reasonably foreseeable risk of bodily harm to another person while carrying out the theft, the maximum prison sentence will be enhanced 50% longer than the underlying crime.

• Up to 5 years in prison = 7.5 years in prison.
• Up to 10 years in prison = 15 years in prison.
• Up to 20 years in prison = 30 years in prison.