Theft Crime Laws

While theft crimes may seem less serious than some offenses, a conviction still may result in penalties such as imprisonment, fines, and restitution. It also may complicate efforts to pursue certain careers or achieve other personal or professional goals. Someone who has been arrested on suspicion of theft or a similar crime should not try to explain their side of the story to the police directly. Instead, they should discuss what happened with an experienced attorney, who can help them navigate any further interactions with law enforcement.

Types of Theft Crimes

The core theft crime is called larceny, which involves unlawfully taking someone else’s property with the intent to deprive them of it. Some states have enacted statutes specific to the theft of certain types of property. For example, a prosecutor may charge motor vehicle theft (also known as grand theft auto) under a different provision from the main larceny or theft statute. Someone who takes merchandise from a store without paying for it may face prosecution under a distinctive shoplifting statute.

Theft crimes also include offenses that involve taking property under certain circumstances. Embezzlement occurs when someone misappropriates property that they were entrusted with handling or managing. A prosecutor might charge robbery if the defendant committed theft while using or threatening force.

Examples of Theft Crimes

Here are some situations in which various crimes involving theft might be charged:

Larceny: Phil takes a cell phone from a stranger’s back pocket and sells it.

Grand theft auto: Patricia rents a car and never returns it despite repeated notices from the rental company.

Shoplifting: Penelope stuffs a perfume bottle at a department store into her handbag and walks out of the store.

Embezzlement: Peter, a cashier, takes money from his employer’s cash register to fund his gambling habit.

Robbery: Paul points a gun at someone who gets out of a luxury car, demanding that they hand over their wallet.

Burglary: Pascal smashes a window at an Apple store after closing time and climbs through to steal a laptop.

Sometimes a prosecutor might bring more than one charge based on a single series of events. A defendant might negotiate to get some charges dropped while pleading guilty to others.

Defenses to Theft Crimes

One way to fight a charge related to theft involves arguing that the defendant did not have the necessary intent. Perhaps they took the property by accident. A defendant might even raise a “claim of right” defense if they genuinely (but mistakenly) believed that they had a right to the property. Or they might argue that the alleged victim freely consented to the taking.

In other cases, a defendant might establish an alibi, showing that they were not at the location of the crime when it occurred. They might try to discredit prosecution witnesses by showing that they have a motive to lie or might have made an honest mistake. Any procedural errors by law enforcement, such as an unconstitutional search and seizure, could result in the exclusion of evidence obtained as a result. This could prevent the prosecution from proving a charge.

Sometimes a defendant might argue that another person forced them to perpetrate the theft by making an imminent threat of harm. This defense is called duress. If law enforcement induced the defendant to commit a theft crime that they would not have been predisposed to commit, they might have an entrapment defense.

Some defenses are distinctive to certain types of crimes. For example, a defendant might beat a robbery charge by showing that they did not use force in committing a theft, although they might still be guilty of larceny. A defendant might beat a burglary charge by showing that they did not intend to commit a crime when they broke into a building, although they might still be guilty of a lesser offense like criminal trespass.

Penalties for Theft Crimes

The potential sentence for larceny or another generic form of theft usually depends on the value of the property that the defendant took. Sentencing schemes may divide penalties into several tiers, which vary greatly by state. For example, someone who steals $500 worth of property likely would face up to six months in Texas, up to one year in Michigan, and up to five years in Pennsylvania. Someone who steals $5,000 worth of property likely would face 180 days to two years in Texas, up to five years in Michigan, and up to seven years in Pennsylvania.

More serious crimes, such as robbery and burglary, tend to carry greater penalties. For example, a defendant convicted of robbery (without aggravating factors) could face up to 15 years in prison in Florida, 3-7 years in Illinois, and 2-20 years in Texas. Burglary sentences may vary based on the type of place that the defendant illegally entered or whether anyone was present. For example, Colorado imposes 4-12 years if a burglary involved a dwelling but generally 2-6 years otherwise. Burglary in Pennsylvania generally carries up to 10 years, but a defendant may face up to 20 years if they entered a building or occupied structure adapted for overnight accommodations or if someone was present when the offense occurred.

Last reviewed August 2024