Is Theft by Taking a Felony?
Theft by taking is a criminal offense that involves the unauthorized taking or carrying away of someone else’s property with the intent to permanently deprive them of its use. This crime is considered a serious offense and is often classified as a felony. But what exactly is theft by taking, and is it always a felony?
What is Theft by Taking?
Theft by taking is a type of larceny, which is the act of taking someone else’s property without their consent. This crime can take many forms, including:
- Embezzlement: The act of stealing money or property that has been entrusted to an individual for a specific purpose.
- Burglary: Breaking and entering into a building or vehicle with the intent to steal property.
- Motor vehicle theft: Stealing a vehicle or taking it without the owner’s consent.
- Shoplifting: Taking merchandise from a store without paying for it.
Is Theft by Taking a Felony?
In most states, theft by taking is a felony offense if the value of the stolen property exceeds a certain threshold. For example:
- Federal law: In the United States, theft by taking is a felony offense if the value of the stolen property exceeds $5,000.
- State laws: In many states, theft by taking is a felony offense if the value of the stolen property exceeds $1,000 to $5,000.
Felony Thresholds by State
| State | Felony Threshold |
|---|---|
| Alabama | $1,500 |
| Alaska | $1,000 |
| Arizona | $1,000 |
| Arkansas | $500 |
| California | $950 |
| Colorado | $1,000 |
| Connecticut | $5,000 |
| Delaware | $1,500 |
| Florida | $300 |
| Georgia | $1,500 |
| Hawaii | $300 |
| Idaho | $1,000 |
| Illinois | $500 |
| Indiana | $750 |
| Iowa | $750 |
| Kansas | $1,000 |
| Kentucky | $500 |
| Louisiana | $500 |
| Maine | $1,000 |
| Maryland | $1,000 |
| Massachusetts | $1,000 |
| Michigan | $1,000 |
| Minnesota | $500 |
| Mississippi | $500 |
| Missouri | $500 |
| Montana | $1,000 |
| Nebraska | $500 |
| Nevada | $650 |
| New Hampshire | $1,000 |
| New Jersey | $500 |
| New Mexico | $2,000 |
| New York | $1,000 |
| North Carolina | $1,000 |
| North Dakota | $1,000 |
| Ohio | $1,000 |
| Oklahoma | $1,000 |
| Oregon | $1,000 |
| Pennsylvania | $500 |
| Rhode Island | $1,000 |
| South Carolina | $2,000 |
| South Dakota | $500 |
| Tennessee | $1,000 |
| Texas | $1,500 |
| Utah | $1,500 |
| Vermont | $1,000 |
| Virginia | $500 |
| Washington | $1,000 |
| West Virginia | $500 |
| Wisconsin | $500 |
| Wyoming | $1,000 |
Consequences of a Felony Theft by Taking Conviction
A felony conviction for theft by taking can have serious consequences, including:
- Prison time: Felony theft by taking can result in a prison sentence ranging from several years to life imprisonment.
- Fines: Felony theft by taking can result in fines ranging from several thousand dollars to tens of thousands of dollars.
- Criminal record: A felony conviction for theft by taking can result in a criminal record that can affect your ability to find employment, obtain a loan, or rent a home.
- Loss of civil rights: In some cases, a felony conviction for theft by taking can result in the loss of certain civil rights, such as the right to vote or hold public office.
Defenses to Theft by Taking
While theft by taking is a serious offense, there are several defenses that may be available to individuals charged with this crime, including:
- Lack of intent: If the individual did not intend to permanently deprive the owner of their property, they may not be guilty of theft by taking.
- Mistake of fact: If the individual mistakenly believed they had the right to take the property, they may not be guilty of theft by taking.
- Duress: If the individual was forced to take the property against their will, they may not be guilty of theft by taking.
- Claim of right: If the individual believed they had a legitimate claim to the property, they may not be guilty of theft by taking.
Conclusion
Theft by taking is a serious offense that can result in felony charges and significant consequences. It is essential to understand the laws surrounding theft by taking in your state and to seek the advice of a qualified criminal defense attorney if you are facing charges for this crime. By understanding the defenses available and the potential consequences of a felony conviction, you can make informed decisions about your case and work towards the best possible outcome.
