Theft offenses are relatively common. People may end up facing criminal charges because they embezzled from an employer or stole merchandise from a store. Many people accused of theft-related crimes expect to face misdemeanor charges with minimal penalties.
However, it is quite common for prosecutors to aggressively pursue the most serious criminal charges that they can justify given the circumstances. Frequently, prosecutors may look at the details of the situation and use special elements to justify felony charges or more significant criminal penalties.
There are a handful of different details that could result in more serious charges or consequences for people accused of theft. What factors may worsen theft allegations?
1. The value or nature of the property
The main detail that differentiates between misdemeanor petty theft offenses and more serious grand theft charges is the overall value of the property involved. Once the stolen resources reach a value of $1,000 or more, the state could potentially pursue grand theft charges. Certain types of property, including firearms or checkbooks, can also warrant more serious charges based on current state statutes.
2. Prior offenses
Previous convictions for theft offenses or a string of back-to-back shoplifting crimes could result in the state pursuing more serious charges and imposing more significant penalties against an individual. For example, someone who goes on a shoplifting spree and targets multiple businesses over several days could end up facing felony charges based on the total value of the merchandise over multiple incidents rather than separate lower charges for each incident.
3. Risk to others
When a theft offense directly endangers other people, prosecutors may treat it as a more serious crime. The presence of a weapon is a common aggravating factor in theft cases. Robbing someone in a face-to-face situation can also aggravate theft charges. So can burglary, as there is a strong association between home invasion and interpersonal violence.
When there are certain aggravating factors present during the commission of a theft offense, the state may be able to pursue more serious charges against the defendant. Reviewing the allegations made by the state and learning about the law can help those accused of theft crimes develop a reasonable defense strategy.