How Serious Is a Theft Charge?

Theft charges range from a ticket-level offense to a serious felony. The biggest factor is the value of the property.

What counts as theft

Theft, or larceny, is taking someone else's property without permission with the intent to permanently deprive them of it (Cornell LII). Many states combine related offenses, such as embezzlement and obtaining property by false pretenses, under a single theft statute.

Petty vs. grand theft

States set a dollar threshold:

• Below the threshold (petty theft): usually a misdemeanor.
• Above the threshold (grand theft): a felony, often in tiers that rise with value.

Examples:

Some property is treated as grand theft regardless of value in certain states, such as firearms or vehicles. Prior theft convictions can raise a petty theft to a felony.

Possible penalties

• Misdemeanor: fines, probation, theft classes, community service, and jail of up to about a year in many states
• Felony: prison, longer probation, larger fines
• Restitution: repaying the victim's loss (Cornell LII)
• Collateral effects: theft is a "crime of dishonesty," which can affect jobs, professional licenses and, for non-citizens, immigration status

Factors that affect the outcome

• Value of the property and whether it was recovered
• Your criminal record
• Whether you paid restitution
• Whether the theft involved a position of trust, such as an employee or caregiver

Options in court

First-time, low-value cases often qualify for diversion or deferred adjudication. Larger cases may be negotiated down to a misdemeanor or lower felony grade, especially with restitution. See should you take a plea deal and shoplifting.

A criminal defense lawyer can explain your state's thresholds and whether the value claimed by the prosecution is accurate.

Sources

1. Cornell Law School LII: Larceny
2. California Legislative Information: Penal Code 490.2
3. Texas Penal Code 31.03, Theft
4. Cornell Law School LII: Restitution