Omar Bennett
The threshold for what dollar amount of theft constitutes a felony varies by state and can depend on several factors, including the type of property stolen and the offender's criminal history. In most states, the threshold for felony theft ranges from $500 to $2,500, with some states having multiple levels of felony theft classifications based on the value of the stolen property. For example, in Ohio, a fifth-degree felony theft involves stolen property valued between $1,000 and $7,500, while a third-degree felony theft involves property valued at over $150,000. Other states, like New York, specify that theft of property valued in excess of $1,000 constitutes Grand Larceny, a felony offense. It is important to note that these thresholds can change over time due to revisions in legal guidelines and inflation, so consulting an attorney or state department is advisable to understand the current theft amount thresholds.
| Characteristics | Values |
|---|---|
| Determining factor | The stolen property's value |
| Felony threshold | Typically between $1,000 and $2,500 |
| State-specific felony thresholds | New Jersey ($200), Illinois ($500), New Mexico ($500), Florida ($750), Hawaii ($750), Indiana ($750), Missouri ($750), Washington ($750), Vermont ($900), California ($950), 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), Colorado ($2,000), Connecticut ($2,000), Pennsylvania ($2,000), South Carolina ($2,000) |
| Other factors | Type of property stolen, criminal history, nature of the theft |
| Repeat offenders | Some states impose felony charges on repeat offenders regardless of the value of the property stolen |
| Degrees of felony theft | Some states categorize felonies into different degrees with varying punishments |
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What You'll Learn
Felony threshold varies by state
The threshold for what constitutes felony theft varies across the United States. The value of the stolen property is often what determines if the crime is a felony or a misdemeanour, with the threshold typically between $1,000 and $2,500. However, some states have lower or higher thresholds. For example, New Jersey has the country's lowest threshold at $200, while Colorado, Connecticut, Pennsylvania, and South Carolina have a higher threshold of $2,000.
In some states, repeat offenders can face felony charges even if the value of the stolen property is below the felony threshold. Additionally, some states categorise felonies based on the type of property stolen. For instance, stealing a car, firearm, or motorboat may be considered felony theft regardless of the value of the property.
The consequences of felony theft can be severe, with potential imprisonment and substantial fines. Convicted individuals will have a permanent criminal record, which can impact future opportunities. Courts may also order restitution, which can be a significant financial burden.
It is important to note that the felony theft thresholds are not stagnant and can change with revisions to legal guidelines. Therefore, it is advisable to consult with an attorney or state department to confirm the current theft amount threshold in a specific state.
As inflation rises, more small-time thefts are being counted as felonies. For example, in Ohio, a fifth-degree felony theft is defined as the theft of property or services valued between $1,000 and $7,500, which can include electronics, bicycles, or small-scale construction equipment. The penalties for this degree of theft can include up to 12 months in jail and a fine of up to $2,500.
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Factors other than amount
The distinction between a misdemeanour and a felony theft charge depends on several factors other than the amount involved. These factors vary across states in the US. Here are some of the most common factors:
Type of Property Stolen
The type of property stolen is a significant factor in determining whether a theft is a felony or a misdemeanour. For example, stealing a car, firearm, or motorboat is often considered felony theft, regardless of the property's actual value. Certain states categorise theft as a felony based on the type of property stolen.
Prior Offences
An individual's criminal history can influence whether a theft is charged as a felony or a misdemeanour. Some states have laws that increase the severity of a theft charge if the offender has prior theft convictions. For instance, a person with two or more prior theft convictions may face felony charges even if the current offence is below the felony limit.
Circumstances of the Theft
The circumstances surrounding the theft can also play a role in determining the severity of the charges. For example, using or threatening to use a weapon during the theft can elevate the charge to a felony, regardless of the value of the stolen property. Additionally, the method of theft and the financial and emotional impact on the victim can influence the severity of the charge.
Age of the Offender
The age of the offender may also be a factor in determining the charges. Juvenile offenders may be treated differently under certain state laws. For instance, minors accused of theft in New York may have their cases handled in family court rather than criminal court, resulting in a focus on rehabilitation rather than punitive measures.
Value of Cumulative Thefts
In some states, prosecutors can file felony charges based on the cumulative value of multiple thefts committed by an individual within a certain time frame. For example, a series of minor thefts that collectively exceed the felony threshold could result in felony charges, even if each individual incident was a misdemeanour.
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Repeat offenders
The threshold for felony theft varies across different states. In most states, the threshold is between $1,000 and $2,500, with some states having a threshold as low as $200 and others as high as $2,000. However, repeat offenders may face felony charges even if the value of the stolen property is below the felony threshold.
For example, some states may upgrade a misdemeanor theft to a felony if the offender has prior theft convictions. This could be the case if an individual has two or more prior theft convictions. Additionally, some states allow prosecutors to aggregate the value of multiple thefts committed within a certain time frame, such as six months, which could result in felony charges even if each individual incident was a misdemeanor.
The consequences of a felony conviction are significant and can include prison sentences ranging from several years to over 20 years for repeat offenders. Fines for felony theft can also be substantial, ranging from $1,000 to $150,000 or more. Additionally, convicted individuals will have a permanent criminal record, impacting their future employment and housing opportunities.
It is important to note that the specific laws and penalties related to felony theft can vary by state and it is advisable to consult with an attorney or state department for the most up-to-date information.
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Degree of felony
The threshold that distinguishes felony theft from misdemeanour theft varies by state and can change over time. In the majority of states, the threshold is between $1,000 and $1,500, with some states setting the threshold as low as $200 and others as high as $2,500. For example, in New York, theft becomes a felony or "Grand Larceny" when the stolen property is valued at over $1,000. In Ohio, theft of property or services valued between $1,000 and $7,500 constitutes a fifth-degree felony, while theft of property or services valued between $7,500 and $150,000 is considered a fourth-degree felony.
Some states have laws that allow for prior theft convictions to bump up a misdemeanour theft offence to a felony, even if the value of the property stolen is below the felony threshold. Additionally, certain types of property, such as firearms, vehicles, and access devices, may automatically be classified as felonies, regardless of their value.
The specific degree of felony theft can vary depending on the state and the circumstances of the crime. For example, in Ohio, theft of property or services valued at over $150,000 is considered a third-degree felony, while theft of property or services valued between $1,000 and $7,500 is a fifth-degree felony. The degree of felony determines the severity of the punishment, with higher-degree felonies resulting in more severe penalties, including imprisonment, fines, and a permanent criminal record.
It's important to note that the classification of theft as a felony or misdemeanour is not solely based on the dollar amount stolen. Other factors, such as the type of property stolen, the criminal history of the defendant, and the nature of the theft, can also influence the severity of the charge and the resulting punishment.
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Inflation
The dollar amount that constitutes felony theft varies across different states in the US. While some states have a felony threshold of $500, others have a threshold of $1,000, $2,000, or more. Notably, New Jersey has the lowest threshold in the country, classifying theft as a fourth-degree felony when the stolen property or services are valued at $200 or more. On the other hand, states like Texas and Wisconsin have a higher threshold, with theft classified as a felony only when the stolen property or services are valued at $2,500 or more.
The impact of inflation on felony thresholds is a significant consideration. As inflation rises, the real value of these monetary thresholds decreases over time. This means that what was considered a felony amount in the past may now be worth less in real terms, potentially leading to harsher punishments for relatively minor thefts. Since 2000, at least 37 states have raised their felony theft thresholds to account for inflation, with Oklahoma making the most significant increase relative to its previous threshold. However, some states have been slow to adjust their felony thresholds, resulting in outdated laws that are more punitive than intended due to the effects of inflation.
The consequences of felony theft convictions are severe and can include imprisonment, fines, and a permanent criminal record, impacting future opportunities and housing. Additionally, convicted individuals may face civil lawsuits and be ordered to make restitution to the victims. The sentencing considers the financial and emotional impact on the victim and the method of theft, with aggravating factors such as the defendant's criminal history influencing the severity of the punishment.
While the value of the stolen property is a crucial factor in determining felony theft, other circumstances can also elevate a theft to a felony. For example, repeat offenders in some states may face felony charges even if the value of the stolen property is below the felony threshold. Additionally, certain types of property, such as firearms, motor vehicles, or high-value items, may automatically result in felony charges regardless of the actual value involved.
It is worth noting that the relationship between felony theft thresholds and property crime or larceny rates is complex. While critics argue that higher thresholds may encourage more property crimes, research by the Pew Charitable Trusts suggests that raising the felony theft threshold does not impact overall property crime or larceny rates. Their analysis of states that raised their thresholds between 2000 and 2012 showed similar or slightly lower crime rates compared to states that did not change their laws.
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Frequently asked questions
The threshold for felony theft differs across states. In most states, the threshold is between $1,000 and $2,500. However, some states have a lower threshold, such as New Jersey at $200, while others have a higher threshold, such as Colorado and Connecticut at $2,000.
Yes, the type of property stolen can also be a factor. For example, theft of a car, firearm, or motorboat may be considered felony theft regardless of the value. Additionally, repeat offenders may face felony charges even if the value of the stolen property is below the felony threshold.
The value is generally based on the retail or market value of the property at the time of the theft.
The penalties for felony theft vary depending on the degree of felony and the state. They can include imprisonment, fines, a permanent criminal record, and restitution to the victim.
The intention to deprive someone of their property is a key element in theft and larceny. If you accidentally take something without intending to steal it, it may not meet the definition of theft, but it is best to consult an attorney for specific legal advice.
