When Does a Theft Change From a Misdemeanor Level Charge to a Felony Level Charge?

Interviewer: What happens when the value of the stolen items is over $1,000? Does it turn from a misdemeanor into a felony charge?

Dale: Yes, it becomes a felony of the fifth degree.

Interviewer: Is it not called petty theft?

Dale: It’s called grand theft.

Interviewer: And grand theft goes from $1,000 up to what dollar amount?

Dale: There are different levels. It goes from an F4 all the way up to F2 depending on the dollar amount. At $100,000 it goes up to the F2 level.

Interviewer: What are the possible penalties if you are convicted of grand theft?

Dale: For grand theft, if it’s an F2, you could spend three to seven in jail.

Interviewer: Even if it’s an F4, fourth degree felony, what are the possible penalties?

Dale: If it’s an F5, you can be sentenced to up to 120 days. It varies. Most often, the people that steal big ticket items usually have more experience in this type of crime.

Interviewer: Would you say they are repeat offenders? Are they career criminals?

Dale: They have more experience in stealing things. When someone steals something for the first time, it’s usually not a $5,000 item.

Interviewer: Do you encounter many cases where people are stealing much larger amounts than $1,000?

Dale: Oh yes, and that would usually involve autos.

Interviewer: Is auto theft a separate class of theft? A theft is a theft?

Dale: Yes, that is how the law looks at it.

Interviewer: It’s the same as grand theft?

Dale: They call it grand theft auto because it’s grand theft and it involves an automobile.

Interviewer: Do you handle many of those cases?

Dale: Quite a few. Those can be very confusing because let’s say you let me use your car to go to the store, and then I don’t return for a week. Did I steal it or was I just borrowing it for an extended period of time?

Interviewer: It becomes an issue.

Dale: Yes, it’s definitely an argument.

Interviewer: What would be the reason why someone would borrow it for an entire week when the intent was for a half hour?

Dale: Well, that’s what you say, a half hour. It can be an issue of your word against mine.

Interviewer: I’ve heard with rental cars if you don’t return them on time you can be looking at a charge of grand theft. Is that true?

Dale: I would think that would be considered a theft, so yes.

Interviewer: How do you typically approach a grand theft auto case?

Dale: I have never had a case like that where I wasn’t successful in having the charges reduced to a lower level offense.