Theft Info Center
Penalties for Theft Crimes
If convicted of a theft crime, an individual can face a wide range of penalties. The severity of the penalty ultimately imposed depends upon a number of factors including the nature of the offense; the value of goods, property or services taken; whether it was the defendant's first conviction; and several other factors. In addition to penalties imposed by the criminal justice system, a person convicted of a theft crime may also face negative social and employment consequences. Because of the potentially severe penalties, it is important to speak to a criminal defense attorney if you have been charged with a theft crime.
Misdemeanor Penalties
A single conviction for a petty theft crime with no criminal history usually leads to a fairly minor penalty, typically a fine, restitution, probation or a short jail term. In some jurisdictions, the judge may dismiss a first misdemeanor offense if the person injured by the theft appears in court and acknowledges that he or she has been satisfactorily compensated for the loss. Staying out of jail is of great importance to most criminal defendants. Depending on the situation, it may be possible to obtain alternatives to jail time, such as fines, community service or restitution in misdemeanor theft cases.
Felony Sentencing
Theft crimes that are classified as felonies have more serious penalties than those classified as misdemeanors. In many states, crimes that are punishable by death or a prison sentence of more than one year are classified as felonies and all other crimes are classified as misdemeanors. Generally, crimes such as robbery, that involve force, are treated as felonies. In addition, if the value of the property taken is high or is greater than a certain value set forth in a statute, the crime may be treated as a felony.
Sentencing under Three Strike Laws
"Three strikes" is a sentencing scheme in some states that dramatically increases punishment for people who are repeat offenders. Under many three-strike laws, a defendant who commits a third felony will be sentenced automatically to a longer prison sentence, such as 25-years-to-life or a double term. If you or someone you love has a prior criminal record and has been charged with a felony, it is critical to consult with a criminal defense attorney to learn if you state currently has a three-strike law and, if so, to try to avoid its severe consequences
Social and Employment Consequences
In addition to jail time, probation, fines and restitution, a person who is convicted of or pleads guilty to a theft crime may face additional social and employment consequences. A conviction is part of a person's permanent record, which potential employers can view. It may be difficult for a person with a theft conviction to find a job or obtain a professional license. In addition, because many people think of theft crimes as involving dishonesty, society may view a person convicted of a theft crime as dishonest and untrustworthy.
Talk to an Attorney
If you have been charged with a theft crime, you may have many questions about the criminal justice system and the potential penalties you could face. An experienced criminal defense attorney can explain the potential consequences and outline a strategy for responding to the charges.
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