Theft and burglary charges range from minor misdemeanors to serious felonies carrying years in prison. These property crimes involve taking others' belongings without permission, but the specific charges and penalties vary dramatically based on property value, circumstances, and prior history. Understanding how these charges work helps defendants build effective defenses and navigate the criminal justice system.
Understanding Theft vs. Burglary
Theft involves taking someone else's property with intent to permanently deprive them of it. Burglary, despite common misconceptions, doesn't require actually stealing anything. Burglary means unlawfully entering a building with intent to commit a crime inside, whether theft, assault, or another offense. Someone can commit burglary without taking property, and theft without any unlawful entry.
Robbery differs from both by involving force or threat of force to take property directly from a person. This crime against both property and person carries substantially harsher penalties than ordinary theft. Understanding these distinctions matters because charges carry different elements, defenses, and consequences.
Factors Affecting Charge Severity
Property value significantly impacts whether theft charges are misdemeanors or felonies. Thefts below state-specified thresholds, typically between $500 and $1,000, generally constitute petty theft misdemeanors. Higher value thefts become grand theft felonies. Some states have multiple felony tiers based on value, with increasing penalties at higher thresholds.
Property type affects charges regardless of value. Stealing firearms, vehicles, or from certain victims like the elderly may be charged as felonies even when value would otherwise support misdemeanor charges. Prior theft convictions often elevate what would be misdemeanor charges to felony level.
Common Defense Strategies
Lack of intent provides a defense when defendants genuinely believed they had permission to take property or intended to return it. Mistaken ownership claims, borrowing rather than stealing, and good faith belief in consent all challenge the intent element required for theft convictions.
Challenging identification matters when defendants weren't caught in the act. Eyewitness testimony is notoriously unreliable, and video footage may be ambiguous. Questioning whether prosecutors can prove you were actually the person who committed the alleged theft can create reasonable doubt.
Burglary Defense Considerations
Burglary charges require proving both unlawful entry and intent to commit a crime inside. Challenging either element can defeat charges. If entry wasn't truly unlawful because you had permission or the building was open to the public, the entry element fails. If you entered without criminal intent, even if you later decided to steal something, the specific intent for burglary may not exist.
Residential burglary carries enhanced penalties because it involves invasion of people's homes. The distinction between commercial and residential burglary significantly affects sentencing exposure. Nighttime burglary, armed burglary, and burglary with people present typically warrant additional enhancements.
Consequences and Considerations
Beyond incarceration and fines, theft convictions create lasting collateral consequences. Employment becomes difficult as background checks reveal dishonesty offenses. Professional licensing may be denied or revoked. Immigration consequences can be severe for non-citizens. These lasting impacts make fighting charges or negotiating favorable resolutions particularly important.