Simone Lawson
The threshold for what constitutes felony theft varies across different states in the US. In most states, the threshold is between $1,000 and $2,500, with some states having a threshold below $1,000 and others having a threshold above $2,000. For example, the threshold in New York is $1,000, while in Colorado, Connecticut, Pennsylvania, and South Carolina, the threshold is $2,000. In Ohio, theft is classified as a fourth-degree felony when the value of the stolen property or services ranges from $7,500 to $150,000. Additionally, certain types of property, such as firearms, motorboats, and automobiles, may automatically be considered felony theft regardless of their value. The consequences of a felony charge are more severe than those of a misdemeanor, including jail time and fines, and can have lifelong secondary impacts on various aspects of an individual's life.
| Characteristics | Values |
|---|---|
| Factors determining the amount of money stolen constitutes a felony | The value of the property stolen, the type of property stolen, the state where the theft took place, the criminal history of the defendant, and the nature of the theft. |
| Value of the stolen property | The value of the stolen property must exceed a minimum amount established by state law, typically between $1,000 and $2,500. |
| State laws | State laws generally set a monetary cut-off point (a threshold) that distinguishes felonies from misdemeanors. |
| Range of felony theft thresholds across states | The majority of states have a felony theft threshold between $1,000 and $1,500. Twenty-two states have a threshold of $1,000, ten states have a threshold of $1,500, and ten states have a threshold below $1,000. |
| Specific state felony theft thresholds | New Jersey: $200, Illinois: $500, New Mexico: $500, Florida: $750, Hawaii: $750, Indiana: $750, Missouri: $750, Washington: $750, Vermont: $900, California: $950, Colorado: $2,000, Connecticut: $2,000, Pennsylvania: $2,000, South Carolina: $2,000, Massachusetts: $1,200, Nevada: $1,200, Alabama: $1,500, Delaware: $1,500, Georgia: $1,500, Iowa: $1,500, Kansas: $1,500, Maryland: $1,500, Montana: $1,500, Nebraska: $1,500, Rhode Island: $1,500, Utah: $1,500, New York: $1,000, Ohio: $7,500 to $150,000 |
| Consequences of felony charges | Felony charges can result in jail time, fines, and a permanent criminal record, impacting future employment, housing, and loan opportunities. |
| Aggravating factors | Aggravating factors such as the criminal history of the defendant or the nature of the theft can influence the severity of the punishment. |
| Repeat offenders | In some states, repeat offenders can face felony theft charges even if the value of the stolen property is below the felony threshold. |
| Updates to felony theft thresholds | Some states may not regularly update their felony theft thresholds, leading to concerns about minor crimes being charged as felonies due to inflation. |
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What You'll Learn
Thresholds vary by state, typically between $1,000 and $2,500
The threshold for what constitutes felony theft varies by state, with most states setting a threshold between $1,000 and $2,500. This threshold is known as the felony theft threshold and it distinguishes felonies from misdemeanors. For example, in New York, theft is considered a felony if the value of the stolen property exceeds $1,000. Similarly, in Ohio, theft is classified as a felony when the value of the stolen property exceeds a certain threshold, which is typically between $1,000 and $2,500.
However, it's important to note that some states have lower or higher thresholds. For instance, New Jersey has the lowest threshold in the country at $200, while Colorado, Connecticut, Pennsylvania, and South Carolina have a higher threshold of $2,000. Additionally, some states have different levels of felony theft crimes, with class B felonies being more severe than class E or D felonies.
The specific amount that constitutes felony theft can change over time due to inflation and revisions to state laws. As a result, it's advisable to consult an attorney or state department for the most up-to-date information. Furthermore, it's worth noting that factors other than the amount stolen can also influence whether a theft is considered a felony, such as the type of property stolen and the criminal history of the defendant.
The consequences of a felony theft conviction are significant and can include jail time, fines, and a permanent criminal record, which can impact future opportunities in areas such as employment and housing. Therefore, understanding the felony theft threshold in one's state is crucial, as the consequences of a felony conviction can be life-altering.
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Inflation makes small thefts felonies
Inflation is causing prices to rise, and as a result, the monetary threshold for felony theft is becoming lower in real terms. This means that small-time thefts are increasingly being counted as felonies. The threshold for felony theft varies from state to state, but it typically falls between $1,000 and $2,500. In some states, the threshold is lower, for example, in New Jersey, it is $200, and in Illinois, it is $500.
The consequences of being charged with a felony are severe and can include jail time, fines, and a permanent criminal record. A felony conviction can also impact future employment and housing opportunities, as well as other areas of life such as education, loans, and child custody. These secondary consequences can be lifelong.
The classification of theft as a felony depends primarily on the value of the stolen property, but other factors can also come into play. For example, in some states, repeat offenders can be charged with a felony even if the value of the property stolen is below the threshold. In other cases, theft can be classified as a felony based on the type of property stolen, such as a car, firearm, or credit card, regardless of its value.
The specific theft charges vary from state to state, and some states differentiate between various types of theft, such as theft by unlawful taking, theft by trick, and theft by fraud, while others use more traditional terms like larceny, embezzlement, and shoplifting. However, the recent trend among states has been to consolidate all types of theft under one definition and crime.
Theft is a broad term that applies to any crime that involves taking someone else's property with the intent to deprive them of its possession. Larceny, on the other hand, encompasses a group of crimes that involve the unlawful taking and carrying away of another's property.
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Repeat offenders may face felony charges
The threshold for what constitutes felony theft varies by state. In most states, the threshold is between $1,000 and $2,500. However, some states have lower thresholds, such as New Jersey ($200), Illinois ($500), and New Mexico ($500). On the other hand, some states have higher thresholds, such as Colorado, Connecticut, Pennsylvania, and South Carolina, which have a threshold of $2,000.
It's important to note that the threshold for felony theft is not static and can change over time due to revisions and updates to legal guidelines. Therefore, it is advisable to consult an attorney or state department for the most up-to-date information.
While the value of the stolen property is a significant factor in determining whether a theft is considered a felony, other factors can also come into play. For example, in some states, repeat offenders may face felony charges even if the value of the stolen property is below the felony threshold. This is known as a "wobbler" offense, where the prosecutor has the discretion to charge a crime as a felony or a misdemeanor based on the defendant's criminal history.
For instance, in some states, a person with two or more prior theft convictions may be charged with a felony, even if the current offense is a misdemeanor. Additionally, some states allow prosecutors to aggregate multiple misdemeanor thefts within a certain time frame into a single felony charge. This means that even if each individual theft is below the felony threshold, the total value of the thefts within that period can result in felony charges.
The impact of felony charges is significant and can affect various aspects of an individual's life. Felony convictions often carry more severe penalties, including jail time and substantial fines. Furthermore, a felony conviction can create long-term challenges in areas such as employment, housing, and voting rights. Therefore, it is crucial for repeat offenders to be aware of the potential consequences and seek legal guidance when facing charges.
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The type of property stolen can be a factor
In Ohio, for instance, the unauthorised taking of any firearm or items like explosives and military ordnance is automatically classified as a felony due to the threat they pose to public safety. Similarly, burglary, which is the act of entering a structure with the intent to commit a felony, is considered a more serious crime than simple theft and may be charged as a felony, even if the value of the stolen property is low.
The specific circumstances of the theft can also play a role. For example, theft by unlawful taking, theft by trick, or theft by fraud may be considered felonies in some states, regardless of the value of the stolen property. Additionally, repeat offenders may face felony charges even if the value of the stolen property is below the felony threshold.
Theft crimes can have severe consequences, and the distinction between felony and misdemeanor charges is significant. Felony charges often result in more severe penalties, including jail time, substantial fines, and a permanent criminal record, which can impact future opportunities and legal rights. Therefore, it is essential to understand the specific laws and factors that determine whether a theft is considered a felony or a misdemeanour in a given jurisdiction.
While the majority of states have a felony theft threshold between $1,000 and $1,500, this amount varies across states and can be significantly lower in some cases. For example, New Jersey has the lowest threshold in the country at $200, while Colorado, Connecticut, Pennsylvania, and South Carolina have a higher threshold of $2,000. As inflation rises, more small-time thefts are being counted as felonies, which has led to calls for states to regularly update their felony thresholds to reflect the changing value of money.
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Felony charges have more severe consequences
The amount of money or value of items stolen that constitutes a felony varies by state. In most states, the threshold for felony charges ranges from $1,000 to $2,500, with some states setting the limit at $1,500. However, there are states with lower thresholds, such as New Jersey ($200), Illinois and New Mexico ($500), and states with higher thresholds, such as Colorado, Connecticut, Pennsylvania, and South Carolina ($2,000).
The specific penalties for felony theft vary across states and are influenced by factors such as the value of the stolen property, the type of property stolen, and the presence of aggravating factors, such as the defendant's criminal history. For instance, stealing a firearm or a motorboat is often considered felony theft, regardless of the item's value, due to the potential danger posed and the threat to public safety.
Additionally, felony charges can have a more significant impact on an individual's life beyond the immediate penalties. A felony conviction can affect a person's ability to rent or buy housing, apply for jobs, and even vote in elections. The consequences of a felony conviction can be long-lasting and challenging to overcome, underscoring the severity of such charges.
It is worth noting that the distinction between felony and misdemeanor charges is not solely based on the amount stolen. Other factors, such as the type of property stolen, the circumstances of the theft, and the defendant's criminal history, can also elevate a misdemeanor to a felony. For example, theft by unlawful taking, trick, or fraud may be considered felonies in certain states, even if the value stolen is below the felony threshold.
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Frequently asked questions
The amount of money that constitutes felony theft varies by state. In most states, the threshold is between $1,000 and $2,500. However, some states have lower or higher thresholds. For example, New Jersey has a threshold of $200, while Colorado, Connecticut, Pennsylvania, and South Carolina have a threshold of $2,000.
The consequences of a felony theft conviction can be severe and life-altering. They often include jail time, fines, and a permanent criminal record. Additionally, individuals with felony convictions may face difficulties in various aspects of their lives, such as finding employment or housing.
Yes, the type of property stolen and the circumstances of the theft can also play a role. For example, stealing a car, firearm, or certain other items may be considered felony theft regardless of the value. Additionally, prior criminal history can impact the severity of the charges.
The court considers various factors to determine the value, including the market value of the items, repair costs for damaged property, and loss of income if the theft impacted the victim's ability to earn.
In New York, theft of property valued at over $1,000 is considered Grand Larceny, a felony. In California, Petty Theft is charged as a misdemeanor, while felony charges typically involve stolen property valued above $950. Ohio classifies theft as a fourth-degree felony when the value of the stolen property ranges from $7,500 to $150,000.
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