Why Grand Theft is not Always Considered a Felony and can be a Misdemeanor?

Theft happens when an individual is deprived of a personal property permanently and intentionally. However, there are various kinds of theft in accordance with state laws. Grand theft happens when the value of items stolen exceed a certain dollar amount and criminal defense lawyers study these laws all of the time. 

Types of Theft

Other than ‘grand theft’ and ‘petty theft’, extortion, embezzlement, use of property without permission, and receiving items that are stolen can be considered as theft. Grand theft and petty theft are also known as larceny. For the most part, certain conditions are applied to determine if a theft will be considered as grand theft or it can be dealt legally as a petty theft. These legal determinants are decided by states laws that differ greatly. If you are charged with larceny you need to seek immediate help from a criminal defense lawyer.

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What are the elements of a grand theft charge?

Of the two types of theft, grand theft is the more serious offense. This charge is brought if the property stolen is valuable. In several states the difference between a grand larceny and a petty theft is $500 dollars. This means if someone has stolen an item worth $499 then that person may face a petty theft charge but if the value of a stolen good is $500 then he or she is likely to be charged with grand larceny.

Have you seen the movie The Revenant? In that movie animal pelts were stolen by the Indians from the Americans. Since it was so many pelts it certainly was grand larceny and on top of that, they murdered and killed to be able to carry out this theft. But since this was a time that the law did not extend too far outward, many laws were broken and no one was ever able to do anything about it. What complicated the matter was what the Americans did to the Indians so the Indians could possibly say this was self-defense or self-preservation.

All cases though, if not heard by man, are heard by God anyhow. Nothing squeaks through.

To carry out a grand theft charge the prosecutor must show that the value of an object is more that the minimum amount needed. A property’s market price is assessed to determine whether a theft can be charged as grand larceny. Criminal defense attorneys can sometimes provide witnesses to counter the valuation to get a lower degree of punishment for their clients most of the time.

Remember, there are a few types of stolen property that qualify as grand theft. However, states determine which types of property, if stolen, will be treated as grand theft felony. In most states automobiles as well as firearm theft, for example, are considered grand larceny. If you are charged for any of these crimes, you will need a criminal defense lawyer by your side since the situation demands it.  

What are the Penalties?

Jail time - Those facing a misdemeanor charge can be sentenced up to one year in jail. For a felony charge, just like in some DUI convictions, they may have to spend 5 to 20 years behind bars depending on valuation of the stolen property.

Fines - Similarly for misdemeanors a fine of $1,000 can be issued but for a felony, fines exceeding $100,000 can be imposed but this is unlikely depending on the severity.

Restitution - Restitution is paid to the owner and is equivalent to the value of the property. This is paid often in excess of the fine which is paid to the state.

Probation - The criminal is put under certain restrictions and must adhere to certain court ordered requirements. He/she must meet with probation officer regularly, pay the fines and restitution, and also hold a proper job (hopefully one can be found in this ongoing recession caused by high taxes and excessive regulations).

Being charged with grand theft could make your life much more difficult even if you don’t need to do too much jail time. What you need is a criminal defense lawyer to evaluate your case, including the evidence, to obtain the best possible outcome.

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