What is Theft 2nd Degree?
Theft is a serious crime that can have severe consequences, including fines and imprisonment. In the United States, there are different degrees of theft, each with its own set of penalties. In this article, we will explore what is considered Theft 2nd Degree and what the consequences are for individuals who are charged with this crime.
What is Theft 2nd Degree?
Theft 2nd Degree is a type of theft that involves the taking of property valued at more than $200, but less than $1,000. This is a more serious offense than theft 3rd degree, which involves the taking of property valued at less than $200. Theft 2nd Degree is often considered a felony, which means that it is punishable by imprisonment in a state or federal prison.
Elements of Theft 2nd Degree
To prove that someone has committed Theft 2nd Degree, the prosecution must show that the following elements are present:
- The defendant took property that belongs to someone else
- The property was taken with the intent to permanently deprive the owner of it
- The property was valued at more than $200, but less than $1,000
- The defendant acted with criminal intent
Examples of Theft 2nd Degree
Some examples of Theft 2nd Degree include:
- Stealing a purse or wallet from a person’s purse or backpack
- Taking a laptop or other electronic device from a store or office
- Stealing a bicycle or other vehicle
- Swapping price tags on an item in a store
Consequences of Theft 2nd Degree
The consequences of being convicted of Theft 2nd Degree vary depending on the state and the specific circumstances of the crime. In most states, Theft 2nd Degree is punishable by a fine and imprisonment. The fine can range from a few hundred dollars to thousands of dollars, and the imprisonment can range from a few months to several years.
Penalties for Theft 2nd Degree
Here is a breakdown of the penalties for Theft 2nd Degree in some states:
| State | Fine | Imprisonment |
|---|---|---|
| California | $1,000 to $10,000 | 1 to 3 years |
| Florida | $500 to $5,000 | 1 to 5 years |
| New York | $250 to $5,000 | 1 to 4 years |
| Texas | $2,000 to $10,000 | 2 to 10 years |
Defenses to Theft 2nd Degree
There are several defenses that can be raised to allegations of Theft 2nd Degree. Some of these defenses include:
- Mistake of fact: The defendant believed that the property was their own or that they had permission to take it
- Lack of intent: The defendant did not intend to permanently deprive the owner of the property
- Duress: The defendant was forced to commit the theft by someone else
- Insanity: The defendant was unable to understand the nature and consequences of their actions
Conclusion
Theft 2nd Degree is a serious crime that can have severe consequences. It is important for individuals who are charged with this crime to understand the elements of the crime and the potential defenses that can be raised. A skilled criminal defense attorney can help individuals who are charged with Theft 2nd Degree to navigate the criminal justice system and achieve the best possible outcome.
