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Theft Sentencing

Many theft charges can be brought as either a felony or a misdemeanor, depending on the circumstances surrounding the crime and the value of the stolen items. A defendant convicted of a felony could serve a significant prison term, whereas a defendant charged with a misdemeanor may serve a short jail term or be required only to pay a fine or restitution. Many states define several levels of theft, typically including at least one type of petty theft and one type of grand theft, based on the value of the property taken. In many states, although petty theft is a misdemeanor, a second arrest for petty theft may be filed and punished as a felony, carrying serious penalties. An experienced criminal defense firm understands the tactics and obstacles that you will encounter and will work to get your charges dropped or reduced to a lesser offense in an effort to reach the best possible result for you.

Misdemeanor Penalties

A single arrest for petty theft 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 important for defendants who risk losing their jobs. A criminal defense attorney may be able to obtain alternatives to jail time, such as fines, community service, or restitution, in misdemeanor theft cases.

Felony Sentencing

Penalties for felony convictions are more serious than for misdemeanors, and vary greatly depending on the state, the severity of the crime, and the particular circumstances of each case. Generally, felony penalties range from shorter prison terms and moderate fines for less severe offenses to long sentences and large fines for more serious offenses. Promptly contacting a defense attorney provides you with your best chance of presenting a successful defense against a felony charge. If your case cannot be successfully reduced to a lesser charge or defended, your lawyer might be able to arrange for a lesser sentence.

Sentencing Under Three Strikes

"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 must be sentenced to a long prison sentence, such as 25-years-to-life or a doubled 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 skilled criminal defense attorney right away to see if your state has a three-strike law and, if so, to try to avoid its severe consequences.

Conclusion

All of the complexities of the laws regarding theft offenses in your state cannot be fully described here. If you are facing any theft charge, you need the assistance of an experienced criminal defense attorney who is compassionate about your situation and will work hard to achieve the best results available to you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.