How Much Do You Have to Steal for It to Be a Felony?
1 month ago by Justin M. Schiks
In Minnesota, how much does one need to steal for it to become a felony? The answer largely depends on the value of the property stolen, apart from other considerations such as the nature of the theft and relevant prior convictions of the defendant. Generally, theft in Minnesota is considered a felony if the property’s value is more than $1,000 or involves types of property described explicitly under state law. At JS Defense: Minnesota Criminal Defense Lawyer, we explain felony theft laws so you understand your rights and options.
Felony Theft and Larceny Laws
Felony theft in Minnesota is intentionally taking somebody else’s property without consent to deprive the owner of that property permanently. It also includes acts like shoplifting, embezzlement, and obtaining property by deceit or pretenses. Minnesota categorizes theft offenses by the value of the stolen property and the circumstances of the theft, determining whether the crime is a misdemeanor or felony.
For instance, the theft of goods with a value between $1,000 and $5,000 is usually charged as a felony, and theft of higher-value property or certain items like firearms or motor vehicles is punished more severely. The statute’s flexibility ensures that the punishment matches the crime’s severity.
Theft and Larceny: Felony vs. Misdemeanor Offense
In Minnesota, whether theft is classified as a felony or misdemeanor often hinges on the stolen property’s value and circumstances. According to Section 21-5801 of the Kansas Penal Code, theft includes obtaining property by deception, threat, or unauthorized control. Although Kansas laws differ from Minnesota’s, the underlying principles are basically the same: higher-value thefts or aggravating factors raise the offense to felony status.
Property Value Felonies
Property value is pivotal in distinguishing between misdemeanor and felony theft in Minnesota. Theft is a felony when:
- The stolen property is valued at over $1,000.
- Items include specific goods like controlled substances, firearms, or trade secrets.
- Property valued over $500 but less than $1,000 is stolen under aggravating circumstances, like during a disaster or by an employee from their employer. These distinctions ensure proportional penalties and reflect the seriousness of the crime.
Categorical Felonies
Some theft crimes automatically qualify as felonies regardless of the stolen property’s value. According to Kansas’ structured felony classification system, the crime’s impact and specific aggravating factors determine the severity level. For example, if a weapon is used to commit theft, the seriousness of the charge is elevated, which justifies the need for multi-dimensional sentencing frameworks.
Criminal History Felonies
Minnesota law considers a defendant’s prior convictions when determining charges and penalties. Repeat offenders may be sentenced more severely, and a previous conviction of theft can be used to increase a misdemeanor charge to a felony. This helps to hold offenders accountable and also deters future offenses.
Aggregated Felonies
In cases where theft occurs over time, Minnesota allows aggregation—combining the value of multiple thefts into one charge. This applies when the thefts involve the same victim and a shared intent or plan. Aggregation can transform multiple misdemeanors into a single felony charge, reflecting the cumulative harm caused.
Degrees of Felony Theft or Larceny
First-degree theft
Property valued over $35,000 or items like firearms, such as rifles or pistols, which can include other weapons depending on circumstances, including those used in aggravated scenarios or as tools of intimidation.
Second-degree theft
Property valued at $5,000-$35,000 or property stolen during a major disaster during or immediately following severe storms, riots, fires, floods, or public emergencies.
Third-degree theft
Property valued between $1,000 and $5,000, with some exceptions for aggravating factors, such as theft involving firearms, drugs, or employer-related incidents.
For that, there is a different degree of punishment depending on the severity of the crime, financial loss, emotional impact, societal effects, and overall influence on the victim and relationships in general.
What Are the Penalties for Felony Theft and Larceny?
The punishments for felony theft in Minnesota are different, but most include substantial fines and imprisonment. For example:
- First-degree theft: Up to 20 years imprisonment and fines of $100,000.
- Second-degree theft: Up to 10 years imprisonment and fines of $20,000.
- Third-degree theft: Imprisonment of up to 5 years and fines of $10,000. Aside from these sentences, one may be made to pay restitution to compensate for the victims of their losses.
Contact Us for a Free Consultation with Our Theft Defense Attorneys
If you or a loved one has been charged with theft in Woodbury, Minnesota, it is important to understand the subtleties of felony theft laws. At JS Defense: Minnesota Criminal Defense Lawyer, we are here to help. Contact us today at 952-945-7824 for a free consultation, and let us provide the expert defense you deserve.
