Grand theft and felony theft charges arise when stolen property exceeds state value thresholds or involves certain types of items. These serious charges carry potential prison sentences, substantial fines, and lasting felony records that affect employment, housing, and civil rights. Effective defense strategies can reduce charges, achieve dismissals, or minimize consequences when conviction is unavoidable.
When Theft Becomes a Felony
States set value thresholds distinguishing misdemeanor petty theft from felony grand theft, typically ranging from $500 to $2,500 depending on jurisdiction. Thefts exceeding these thresholds automatically qualify as felonies regardless of other circumstances. Some states have multiple felony tiers with increasing penalties at higher value thresholds.
Certain property types trigger felony charges regardless of value. Stealing firearms, vehicles, or property directly from persons often constitutes grand theft even when values would otherwise support misdemeanor charges. Theft from vulnerable victims like the elderly may also be elevated to felony level.
Defense Strategies for Felony Theft
Challenging property valuation can reduce felony charges to misdemeanors when values fall near threshold boundaries. Fair market value, not replacement cost or sentimental value, determines theft classification. Expert appraisals and evidence of depreciation may establish values below felony thresholds.
Intent defenses apply at all theft levels. Genuine belief that you owned the property, had permission to take it, or intended to return it challenges the intent required for conviction. Mistake of fact about ownership or authorization can negate criminal intent even when taking occurred.
Multiple Counts and Aggregation
Prosecutors sometimes aggregate multiple thefts to reach felony thresholds when individual incidents would be misdemeanors. Whether aggregation is proper depends on whether thefts constituted a single course of conduct or separate offenses. Challenging improper aggregation can reduce exposure to misdemeanor rather than felony penalties.
Multiple felony counts for separate incidents carry compounding penalties. When facing numerous charges, defense strategy must address each count while considering how resolutions on some charges affect others. Plea negotiations often involve dismissing some counts in exchange for guilty pleas on others.
Sentencing Considerations
Felony theft sentences range from probation to years of imprisonment depending on value, circumstances, and prior record. First-time offenders with mitigating circumstances may receive probation while career criminals or those involved in large-scale theft face substantial prison terms. Restitution obligations require repaying victims regardless of other penalties.
Prior convictions dramatically increase exposure. Repeat theft offenders face enhanced penalties, and three strikes laws in some states can result in life sentences for third felony theft convictions. Understanding sentencing exposure helps evaluate plea offers and trial risks.
Collateral Consequences
Felony theft convictions create severe lasting consequences beyond criminal penalties. Employment in positions involving financial trust becomes nearly impossible. Professional licenses may be denied or revoked. Firearm rights are lost. Voting rights may be suspended. Housing applications face denials when background checks reveal felony convictions.
Immigration consequences for non-citizens include deportation for crimes involving moral turpitude. Theft convictions particularly affect immigration status because they demonstrate the moral character issues immigration law considers disqualifying. Non-citizens facing theft charges need attorneys understanding both criminal and immigration consequences.