Theft is a common criminal charge that the attorneys of Harter & Schottland have experience defending often. A theft charge can arise numerous ways.   

Theft may be charged when a person is accused of exerting unauthorized control over property of the owner. However, a theft charge can occur whenever a person obtains property by:

• deception; 
• threat; or
• knowing the property to have been stolen or under such circumstances that would reasonably cause him or her to know it was stolen

Theft is generally a class A misdemeanor punishable by up to one year in jail and $2,500, as well as probation, conditional discharge, supervision, or periodic imprisonment. However, it may be charged as a felony where the value of the property exceeds $500.

In some instances theft may still be charged as a felony where the value of the property is less than $500. For example, theft of property with a value of less than $500 may be charged where the theft is alleged to have been committed in a school or place of worship, or if the theft was of government property. In that case, the theft would be a class 4 felony. A class 4 felony is generally punishable by 1 to 3 years in prison and a fine of $25,000.

Additionally, a misdemeanor theft may also be enhanced to a class 4 felony in some cases where the accused has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, possession of a stolen motor vehicle or certain credit card offenses.

If the value of the property is between $500 and $10,000 then the theft may be charged as a class 3 felony punishable by 2 to 5 years in prison and a $25,000 fine. It may be charged as a class 2 felony if it was committed in a school or place of warship, or if the theft was of governmental property. That charge carries a penalty of 3 to 7 years in prison.