What is the Felony for Theft?
Theft is considered a serious crime, and the consequences can vary greatly depending on the severity and circumstances of the theft. In this article, we will explore what constitutes a felony for theft, and the penalties associated with such a conviction.
Definition of Theft
Before delving into the felony portion of theft, it is essential to understand the general definition of theft. Theft is the unlawful taking, carrying, leading or driving away of property with the intent to permanently or temporarily deprive the rightful owner of its use, possession, or enjoyment (1). This definition can encompass a wide range of behaviors, from petty crimes like shoplifting to complex fraud schemes.
Misdemeanor vs. Felony Theft
There are two primary classifications of theft: misdemeanor and felony. Misdemeanor theft is typically punishable by a fine and/or less than one year in prison. Felony theft, on the other hand, is considered a more severe offense and can carry stricter penalties, including lengthy imprisonment and significant fines.
Felony Theft Examples
Some examples of felony theft include:
• First-degree burglary: Breaking into a dwelling or building to commit a theft (penalty: 5-15 years in prison and/or fine) (California Penal Code §460(a))
• Identity theft: Stealing someone’s identity for financial gain (penalty: 2-8 years in prison and/or fine) (California Penal Code §530.5(a))
• Grand theft: Stealing property worth $950 or more (penalty: 1-5 years in prison and/or fine) (California Penal Code §487(a))
Felony Theft Aggravating Factors
Aggravating factors can escalate a theft charge from misdemeanor to felony. Some of these factors include:
• Use of a deadly weapon: Using a deadly weapon during the commission of a theft (e.g., threatening someone with a knife) (California Penal Code §12022(b))
• Personal injury: Causing personal injury to someone during a theft (e.g., pushing someone to the ground) (California Penal Code §12022.7(a))
• Property value: The stolen property has a high monetary value (e.g., a car worth over $50,000) (California Penal Code §12022.6(b))
Felony Theft Penalties
Felony theft penalties vary by jurisdiction, but common consequences include:
• Prison time: 1-25 years or more depending on the severity of the offense
• Fine: Significant fines ranging from $1,000 to $100,000 or more
• Community service: Mandatory community service hours
• Loss of civil rights: Suspended or revoked civil rights, such as the right to vote or own a gun
Table: Felony Theft Penalties in California
| Crime | Penalty |
|---|---|
| First-degree burglary | 5-15 years in prison, $10,000 to $50,000 fine |
| Identity theft | 2-8 years in prison, $3,000 to $12,000 fine |
| Grand theft | 1-5 years in prison, $1,000 to $5,000 fine |
Conclusion
In conclusion, felony theft is a serious offense with significant consequences. It is essential to understand the difference between misdemeanor and felony theft, as well as the various aggravating factors that can escalate a theft charge. If you have been accused of felony theft, it is crucial to work with an experienced attorney who can help you navigate the legal system and protect your rights.
References:
(1) Black’s Law Dictionary. Theft. Retrieved from https://thelawdictionary.org/theft/
