Theft Charges And The Criminal Justice System

At an early age we are taught that taking something that doesn’t belong to us is wrong and will result in negative consequences. The term theft is widely recognized and most have a good comprehension of what it means both in everyday use and when associated with the criminal justice system. The different types of theft crimes and the sentences they impose are often less recognizable for most people however. There is a great variety of theft crimes, including but not limited to: grand theft, petty theft, embezzlement, identity theft, fraud and shoplifting. The sentencing for these various theft crimes varies greatly.

The first thing to consider is whether the theft charge is a misdemeanor or a felony. If the crime is considered a misdemeanor, the defendant can ensure they will be facing a maximum of one year in jail and it will likely be much less. Sentencing for a theft charge depends on numerous things. A judge will likely be lenient towards a defendant on a misdemeanor charge if it is the defendant’s first theft offense. In this scenario, a likely sentence would be a short jail term followed by probation and a fine. When you use a skilled Atlanta criminal attorney, you can typically avoid doing any jail time and have a shorter term of probation. It is also possible to negotiate having the charges dropped if considerable restitution can be made to the victim of the crime.

Most theft crimes will be considered felony offenses, however. A theft is a felony when the amount stolen exceeds $500. Repeat offenders of shoplifting can be charged with a felony offense even if their total amount stolen is less than $500. Common felony theft offenses include identity theft, burglary, robbery and armed robbery. Legal representation is undoubtedly imperative for a person facing any of these charges.

Burglary is somewhat of a unique charge, as it may only involve criminal trespass if nothing was stolen. If a theft occurs, however, a defendant could be charged with both burglary and criminal trespass. Identity theft is another crime that judges and prosecutors take seriously and will be a felony. In 2004, President Bush signed a new law requiring stiff prison sentences for those that use fake identification for the purpose of identity theft. The legislation takes away a judge’s discretion to assign probation or reduced sentences for identity theft that results in felony crimes. If you are in this situation it is advisable to obtain the best criminal defense lawyer you can possibly afford.

Perhaps the most serious of all theft charges are robbery and armed robbery. Robbery is committed by using an act of force, or by use of intimidation. Sentencing for a robbery crime ranges from 1 to 20 years in state prison. If the act was committed on a senior citizen, or someone over 65 years old, the sentencing is enhanced and ranges from 5 to 20 years. Armed robbery is classified by using a weapon, or a replica of a weapon, in the act of the robbery. This is likely the most serious theft crime as it carries a minimum penalty of 10 years in state prison.