Often, we come across conversations that oversimplify the use of certain legal terms. One such term is ‘theft,’ which is commonly understood as stealing someone’s property. The legal interpretation of theft is when a person intentionally and fraudulently takes personal belongings/property of another, without the latter’s consent or permission, and with an intent to deprive the owner of his/her property permanently. The stolen property can be in the form of real estate, goods, cash, or embezzled funds from an individual, company, or the government.

Theft crimes can be classified based on the valuation of the stolen property and its quantity. These factors determine the category or degree of theft charges that you can face. The state laws define the categories of theft, and the offense could be treated as a misdemeanor or a felony depending on the severity of the crime.

Whether a theft crime is considered a felony or a misdemeanor depends on state law. When the value of the property or cash stolen exceeds the minimum amount established by the state law, the crime is considered a felony. In some states, a person can face felony charges if he/she is a repeat crime offender. There can be cases where he/she could even face first-level felony charges, if the cost of stolen property is between $1,000 and $5,000. For property that costs $100,000 or more, an offender can face a third-level felony in some states.

If you are facing felony theft charges, the following tips can help you better understand your case and work out a defense strategy for yourself.

When you are charged with felony theft, it is necessary to personally calculate the cost of the stolen property and not rely on the victim’s word. This information will also help you determine the severity of the case and plan the way forward. Knowing the valuation can help you know whether or not the matter can be informally settled or must lead to a court trial.

Before any official communication with the law enforcement authorities, make sure that you are aware of the state laws that apply to your case. Even though you may be facing felony charges, you can still settle the matter with the plaintiff without a trial. You will require legal representation to handle the negotiations with the other party.

The seriousness of a theft case can be determined only after knowing the price of the stolen property or cash. Whether it is a case of misdemeanor or felony, it is advisable that you seek legal aid from a criminal defense attorney. 

As rightly said by an acclaimed Las Vegas Criminal Defense Attorney, in case of criminal charges, you should not hesitate to seek legal advice, as “a criminal lawyer can assert your rights and help the judge and jury understand your side of the story in order to work toward a ruling in your favor.”

Only after a thorough analysis of your case can your attorney tell if you can go ahead with an out-of-court settlement or prepare for trial.

Before finalizing your defense strategy, you need to inform your attorney about all details regarding the incident. Using this information and available evidence, your attorney can argue that your taking of the property was accidental or inadvertent.

In order to prove that you committed felony theft, the prosecution needs to prove beyond a reasonable doubt that you intentionally stole the property. If your attorney is able to weaken the prosecution’s argument, then you may not be convicted of the crime.

Trial-in-court is not the only way to deal with a felony theft charge. If the plaintiff agrees to accept a civil compromise letter, then you need not go through a trial. This document primarily states that the victim has been fully compensated for the entire loss incurred due to the stolen property and does not wish to proceed with criminal prosecution. 

The civil compromise agreement does not guarantee that a criminal theft case will not be filed against you. The court still holds the final authority and will decide if the case can be resolved with the compromise form. If the court is not in favor of this form of settlement, you need to prepare a defense strategy with your attorney for trial.

Along with a civil compromise agreement, there are other defense strategies which can help you prove your innocence in court. You may argue that the property in question is actually yours, and that you have been wrongfully charged with theft. In that case, your attorney needs to prove that you are the rightful owner of the property using substantial evidence and documents. 

Alternatively, disturbed psychological state, traumatic situation, side-effect of medication, or even influence of drugs/alcohol can be included in your defense strategy as reasons for the crime.

If the judge is convinced by the arguments presented by your attorney, then you may be acquitted of the charges or let off with a fine. However, if you and your attorney believe that you deserve a better judgment, then you can appeal to a higher court.

Criminal charges can lead to hardships in the life of a person. If the charges enter your criminal record, you can lose your personal credibility and professional license, and become ineligible for welfare benefits, loans, and insurance. If convicted, you can lose your right to vote and no longer be selected for jury duty. These consequences can hamper your personal relations and professional growth. A favorable judgment can help you avoid such situations, which is why you should hire an able lawyer to help you dodge such charges with few or no repercussions.