What is second degree theft?

What is Second Degree Theft?

Theft is a serious crime that can have severe consequences for individuals who are convicted. There are different degrees of theft, each with its own set of penalties and legal implications. In this article, we will explore what second-degree theft is and the legal definitions surrounding it.

What is Second Degree Theft?

Second-degree theft, also known as theft of property valued at $500 or more, is a type of theft crime that involves the taking of property with a value of $500 or more, but less than $20,000. This degree of theft is considered less severe than first-degree theft, which involves the taking of property with a value of $20,000 or more.

Legal Definitions

In the United States, the legal definition of second-degree theft varies from state to state. However, most states define second-degree theft as the taking of property with a value of $500 or more, but less than $20,000. The property can be either tangible or intangible, and can include items such as:

• Cash
• Jewelry
• Electronics
• Vehicles
• Real estate
• Intellectual property

Elements of Second-Degree Theft

To be convicted of second-degree theft, the prosecution must prove the following elements:

• Taking: The defendant took possession of the property.
• Property: The property was taken, and it was valued at $500 or more, but less than $20,000.
• Value: The value of the property was $500 or more, but less than $20,000.
• Intent: The defendant intended to permanently deprive the owner of the property.

Penalties for Second-Degree Theft

The penalties for second-degree theft vary depending on the state and the specific circumstances of the case. In general, second-degree theft is considered a felony, and can carry penalties such as:

• Prison time: 1-5 years in prison
• Fines: Up to $10,000
• Restitution: The defendant may be required to pay restitution to the victim
• Probation: The defendant may be placed on probation for a period of time

Defenses to Second-Degree Theft

There are several defenses that can be used to challenge a charge of second-degree theft. These include:

• Lack of intent: The defendant did not intend to permanently deprive the owner of the property.
• Mistake of fact: The defendant believed the property was abandoned or belonged to them.
• Duress: The defendant was forced to take the property by someone else.
• Insufficient evidence: The prosecution does not have enough evidence to prove the defendant took the property.

Table: Comparison of First and Second-Degree Theft

Conclusion

Second-degree theft is a serious crime that can have severe consequences for individuals who are convicted. It is important to understand the legal definitions and penalties surrounding this crime, as well as the defenses that can be used to challenge a charge. If you are facing a charge of second-degree theft, it is important to seek the advice of a qualified criminal defense attorney who can help you navigate the legal system and protect your rights.