One bad moment and you can be charged with stealing. Then the legal trouble really picks up speed. You could be charged with a misdemeanor or a felony. The difference might mean fines, jail time, your record, your future. So when do you need a theft lawyer? The short answer is simple: As soon as you discover that you are under a theft investigation or charge. Getting legal guidance early will help you grasp what the charge means and safeguard your rights. A Criminal Defense Lawyer can evaluate facts and explain what could happen next.
What Does Misdemeanor Theft Mean?
A misdemeanor is often a less serious crime than a felony. But that doesn’t mean you should just ignore it. If the property is below a particular value, it may be charged as misdemeanor theft. The precise financial cap varies by state legislation. Possible penalties include:
- Fines Probation
- Reimbursement”
- civil service
- Time in jail
- A record of crime
The real penalty varies by state, crime, your record and other variables. A little theft accusation might lead to major consequences. A record can affect your employment, housing, school, or professional licensure. So even a ‘small’ price can feel like a significant issue.
Felony theft charges are more dangerous
Felony theft is usually more serious than misdemeanor theft. Often the value of the property is significant. Some states additionally look at the kind of property, how it was taken and the defendant’s criminal history. A felony conviction might have even more severe punishments. These could involve harsher jail or prison sentences and bigger fines. There are major long-term repercussions, too. Some employers will ask if you have felony convictions. Certain licenses and other opportunities may be impacted as well. A theft lawyer can explain the unique hazards of your allegation.
What Constitutes a Felony Theft?
There is no one rule for all states. Property value is a big issue in many states. For example, the charge may be increased if the value of the stolen property is more than a certain amount determined by the state. Other facts can be important, too. The claimed activity may involve some forms of property. Some state regulations may also impact the charge or penalty depending on prior stealing convictions. That’s why you need to look past the word “theft”. The actual statute is important. A lawyer can tell you what law is quoted in your charging documents and what prosecutors have to establish.
Don’t Just Focus on the Dollar Amount
It’s simple to assume that the value of the property tells the complete picture. It doesn’t always. The circumstances surrounding the alleged theft may be equally important. “Did you have authority to take the item?” You thought it was your own? Was there a debate about who owned what? Intent can be a huge problem as well. The prosecution may have to prove that you intended to unlawfully take property. Exactly what such factors are depends on the law where your complaint is filed. A theft attorney can take a hard look at such details.
When Is the Best Time to Hire a Theft Lawyer?
Don’t wait till the case gets more serious. Think about hiring a lawyer if:
- Police want to speak to you
- You are under arrest
- You have been accused of stealing
- The prosecutors have brought charges.
- You have a court date.
- You’re charged with a felony.
- You’ve been convicted before for theft.
- The loss claimed is of property of great worth
Early counsel can save you pitfalls. For example, you could feel like telling your side to the police. You might also choose to contact the alleged victim yourself. That can bring fresh complications. First, talk to a lawyer. Have your lawyer tell you what makes sense to do.
Can a Theft Lawyer Assist With a Misdemeanor?
Yes. Even being charged with a misdemeanor requires a careful defense. Your lawyer may evaluate the evidence and know the exact charge against you. The defense may focus on a couple of concerns. Perhaps the evidence is tenuous. Maybe a witness got facts wrong. There may also be questions of ownership or intent. A lawyer can also discuss various strategies to settle the issue. Depending on the state legislation and the facts, choices may include dismissal, diversion, a lesser charge or a plea bargain. There are no guaranties. Your lawyer should let you know what possibilities are genuinely accessible to you.
What If the Charge Is a Felony?
A felony case needs special treatment. Your lawyer can read the charging papers and determine what prosecutors have to establish. The attorney can also review the evidence behind each portion of the charge. Such review may consist of:
- Police records
- Security camera video
- Witness Testimony
- Cash Receipts
- Land registers
- Textbooks
- Search the files
- Investigation Statements
The aim is to grasp the case before making any big choices. A felony charge is a serious matter. Don’t guess. Don’t listen to friends who don’t know your case.
Can a Felony Theft Charge Be Reduced?
In rare situations a felony charge can be reduced. The outcome will rely upon state law, the facts, the evidence and other specifics of the case. A lawyer can negotiate with prosecutors concerning the charge or the proposed resolution. The defense may, for example, challenge the worth of the property, or the proof of the charge. It’s not an automatic decrease. But knowing what the possibilities are out there is important. You need to know what you are dealing with before you decide what to do.
What if this is your first theft offense?
A first charge can still seem scary. “There may be some cases that would matter that you’ve never been charged for before.” You may not have any prior convictions that could affect how prosecutors or courts approach your case. In some jurisdictions, there are diversion programs or alternative options for some first-time defendants. Eligibility varies. The type of theft, the amount of money and other details can all matter. Don’t expect a first infraction will go away by itself. Seek legal guidance and find out what the law will permit.
Why Legal Aid Is Important
More often the biggest mistake is waiting too long. Evidence changes. Video can vanish. Memories will fade. Court deadlines may expire. A theft lawyer can begin evaluating your case while the details are still fresh. The Platinum Criminal Defense Law Firm practices criminal defense in the United States. David Benowitz is an experienced criminal defense attorney who represents those accused of crimes. The firm says that Mr. Benowitz is AV-rated by Martindale-Hubbell and has a perfect 10 rating from Avvo. It also says he is a member of the National College of DUI Defense and lectures at Harvard Law School’s Trial Advocacy Workshop. If you are arrested for a misdemeanor or felony theft, then an attorney can explain your legal options prior to making any big decisions.
Don’t let the label make you choose a bad decisionThe word “misdemeanor” sounds little. “Felony” can sound scary. Both classifications are worthy of consideration. In the end, the appropriate defense begins with knowing the particular charge, the evidence and the applicable law. Your lawyer can break down the dangers in plain English. You don’t have to ask what occurs next. If you’ve been arrested, charged, or approached by police regarding suspected theft, consider dealing with a theft lawyer soon. The sooner you have the case, the better off you will be for the following phase.
Common Questions
1. What distinguishes felony theft from misdemeanor theft?
In general, a misdemeanor theft charge is not as serious as a felony offense. The difference can affect prospective penalties, jail or prison sentence and other outcomes. The precise classification and punishment are dictated by state legislation.
2. Can minor theft lead to jail time?
Yes. It is contingent upon the state and the exact offense. Depending on the particular minor stealing violation, you can face jail time, or fines, probation, restitution or other consequences. Your lawyer can clarify what range applies to your case.
3. When Should I Get a Theft Lawyer?
As soon as you learn of an inquiry, an arrest or a charge, contact a theft lawyer. Getting good legal advice early can help you safeguard your rights, preserve evidence and avoid mistakes that could have been avoided. You do not have to wait until your first court date.
4. Can a felony theft be reduced to a misdemeanor?
In some circumstances it may be achievable. The outcome will rely on the state law, the proof, the alleged worth of the property, your record, and other facts. A lawyer can look at the situation and explain whether a decrease might be available.
5. Will a first time theft charge harm my record?
Yes, a conviction for theft will go on your criminal record even if it is your first offense. States provide diversion or other programs for suitable first-time offenders. A lawyer who specializes in theft can tell you if either of these options might apply to your case.
