Northwind Law
Theft Crimes attorney

Theft Crimes Attorneys

Experienced legal representation for theft crimes matters across all 50 states.

Request a ConsultationCall: 1-844-6-NWIND-1 (1-844-669-4631)
~6.5 million
Property Crime Offenses Reported (2022)
Source: FBI Uniform Crime Report
~4.7 million
Larceny-Theft Offenses (2022)
Source: FBI Uniform Crime Report
~847,000
Burglary Offenses (2022)
Source: FBI Uniform Crime Report
~177,000
Robbery Offenses (2022)
Source: FBI Uniform Crime Report

About Theft Crimes

Theft crimes encompass a wide range of offenses involving the unlawful taking of another person's property with the intent to permanently deprive them of it. This broad category includes offenses ranging from minor shoplifting to sophisticated embezzlement schemes, and the legal classifications and penalties vary dramatically based on the value of the property stolen, the method used, and whether force or threats were involved. Theft is one of the most frequently charged criminal offenses in the United States, with property crime accounting for the vast majority of all reported crimes.

Most jurisdictions distinguish between petty theft (or petit larceny) and grand theft (or grand larceny) based on the value of the stolen property. The threshold varies by state—some set the felony threshold as low as $500, while others set it at $1,000, $1,500, or even $2,500. Below the threshold, theft is typically a misdemeanor; above it, the offense becomes a felony with significantly harsher penalties. Some forms of theft are classified by the method used rather than the value: robbery involves the use of force or threats, burglary involves unlawful entry into a structure with intent to commit a crime, and embezzlement involves the fraudulent misappropriation of property entrusted to the defendant.

The consequences of a theft conviction extend well beyond the criminal penalties of fines, restitution, and incarceration. Theft is widely considered a "crime of moral turpitude," meaning it reflects dishonesty and can have devastating effects on employment, professional licensing, immigration status, and personal reputation. Employers in virtually every industry conduct background checks, and theft convictions raise red flags that can permanently close doors to career opportunities. For these reasons, mounting an aggressive defense against theft charges is essential, even when the value of the property involved may seem modest.

Why You Need a Theft Crimes Attorney

Theft charges, even at the misdemeanor level, carry consequences that are disproportionate to what many defendants expect. The "crime of moral turpitude" classification means that a theft conviction can trigger deportation for non-citizens, disqualify applicants from professional licenses in law, medicine, finance, education, and many other fields, and serve as grounds for termination by employers who view dishonesty as fundamentally disqualifying. Background check databases ensure that a theft conviction remains visible to potential employers, landlords, and licensing boards for years or decades.

The good news for defendants is that theft cases are often defensible. The prosecution must prove not only that property was taken but that the taking was intentional and with the intent to permanently deprive the owner of the property. Genuine mistakes, misunderstandings, borrowing without clear communication, disputes over property ownership, and absent-minded failures to pay for items are not theft. Additionally, the value of the allegedly stolen property—which determines whether the charge is a misdemeanor or felony—is frequently contestable. An experienced theft defense attorney can challenge the prosecution's evidence, negotiate for reduced charges or diversion programs, and pursue outcomes that minimize or eliminate the lasting impact of a theft allegation.

Common Theft Crimes Cases

Shoplifting / Retail Theft

The most common theft offense, involving the taking of merchandise from a retail establishment without paying. Charges range from petty theft infractions for low-value items to felony grand theft for organized retail theft operations.

Grand Theft / Grand Larceny

Theft of property exceeding the state's felony threshold value. Grand theft is typically a felony carrying potential prison sentences, substantial fines, and a permanent criminal record. Auto theft is often charged as grand theft regardless of the vehicle's value.

Burglary

Unlawful entry into a building or structure with the intent to commit a crime inside, most commonly theft. Burglary is a felony even when no theft actually occurs, and penalties escalate significantly for residential burglary or burglary committed while someone is present.

Robbery

Theft accomplished through the use of force, threats, or intimidation. Robbery is always a felony and one of the most seriously charged theft offenses. Armed robbery, involving the use or display of a weapon, carries particularly severe mandatory penalties in most states.

Embezzlement

The fraudulent misappropriation of money or property by a person to whom it was entrusted, such as an employee, fiduciary, or public official. Embezzlement cases often involve complex financial evidence and can be prosecuted at both state and federal levels.

Auto Theft

The unlawful taking of a motor vehicle, charged as a felony in virtually all jurisdictions regardless of the vehicle's value. Carjacking—auto theft through force or intimidation—carries dramatically enhanced penalties.

Receiving Stolen Property

Knowingly buying, receiving, or possessing property that was obtained through theft. The prosecution must prove that the defendant knew or should have known the property was stolen. Penalties are often comparable to the underlying theft offense.

Typical Theft Crimes Case Timeline

1

Arrest or Citation

Day 1

For shoplifting and minor theft, you may receive a citation to appear in court. For felony theft, robbery, or burglary, you will be arrested and booked. Loss prevention officers may detain you at a store until police arrive.

2

Arraignment

1–4 weeks

Formal charges are filed, you enter an initial plea, and bail is set. For misdemeanor theft, release on personal recognizance is common for first offenders. Felony charges may require posting bail.

3

Discovery & Investigation

1–4 months

Your attorney reviews surveillance footage, loss prevention reports, financial records, witness statements, and police reports. Independent appraisals may be obtained to challenge the alleged value of stolen property.

4

Pretrial Negotiations

2–6 months

For first-time offenders, diversion programs or deferred adjudication may be available. Your attorney negotiates for reduced charges, restitution agreements, and outcomes that avoid a theft conviction on your record.

5

Trial (if necessary)

6–12 months after arrest

If a favorable resolution cannot be reached, the case proceeds to trial. The prosecution must prove that you intentionally took property belonging to another person with the intent to permanently deprive them of it.

6

Sentencing & Restitution

Following conviction or plea

Sentences may include jail or prison time, probation, community service, theft prevention classes, and restitution to the victim for the value of the stolen property and any related losses.

Know Your Rights

  • You have the right to remain silent when accused of theft. Do not make statements to police, loss prevention officers, or store managers without an attorney present.
  • Retail store loss prevention officers can detain you for a reasonable time if they have probable cause to believe shoplifting occurred, but they cannot use excessive force, conduct body searches, or force you to sign any documents.
  • You are not required to sign a civil demand letter or pay civil recovery amounts demanded by a retailer—these are separate from criminal charges and can be challenged.
  • You have the right to an attorney before being interrogated. Invoke this right clearly if questioned by police.
  • You have the right to challenge the alleged value of stolen property, which directly determines whether you face misdemeanor or felony charges.
  • If charged with robbery, you have the right to contest the identification procedures used, including challenging the reliability of eyewitness identifications.
  • You have the right to a trial where the prosecution must prove every element of the theft offense, including intent, beyond a reasonable doubt.

What to Look for in a Theft Crimes Attorney

When facing theft charges, look for an attorney experienced in the specific type of theft you are accused of—shoplifting defense, embezzlement cases, and robbery charges each require different skill sets. For shoplifting and petty theft, an attorney with strong relationships with local prosecutors and knowledge of diversion programs can often negotiate outcomes that avoid a conviction. For felony theft charges, trial experience and the ability to challenge valuation evidence are critical skills.

For white-collar theft offenses like embezzlement, look for an attorney who understands forensic accounting and can effectively challenge the prosecution's financial evidence. For robbery charges, where self-defense, mistaken identity, and coercion are common defenses, trial skills and experience with violent crime cases become paramount. In all theft cases, ask about the attorney's experience with restitution negotiations, as the amount of restitution ordered can have a significant financial impact independent of fines and fees. Also inquire about expungement options, as the long-term damage of a theft conviction to your employment prospects makes post-conviction relief particularly valuable.

Questions to Ask Your Theft Crimes Attorney

  1. 1Based on the facts and value of the property, can the charges be reduced from felony to misdemeanor level?
  2. 2Are there diversion or first-offender programs available that could keep this off my permanent record?
  3. 3What is the prosecution's evidence of intent, and are there arguments that this was a mistake or misunderstanding?
  4. 4Can the value of the allegedly stolen property be challenged through independent appraisal?
  5. 5What restitution amount is likely, and can it be negotiated as part of a plea agreement?
  6. 6How will this charge affect my employment, professional licenses, or immigration status?
  7. 7Is expungement available for the type of theft offense I'm charged with in this jurisdiction?

Understanding Theft Crimes Legal Costs

Attorney fees for theft defense vary based on charge severity. Misdemeanor shoplifting and petty theft cases typically cost $1,500 to $5,000 as a flat fee. Felony grand theft charges generally range from $5,000 to $20,000 depending on complexity. Robbery and burglary charges, as more serious felonies, typically cost $7,500 to $30,000 or more, particularly when cases involve complex evidence or proceed to trial. Embezzlement and white-collar theft cases, which require extensive financial document review, may cost $10,000 to $50,000 or higher. In addition to attorney fees, defendants should anticipate restitution payments to victims, court fines and fees, theft prevention program costs, and potential civil demand letters from retailers (which are separate from criminal penalties). For defendants concerned about the long-term impact on employment, budgeting for potential expungement proceedings after case resolution is also advisable.

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

Theft Crimes Explained: Larceny, Robbery, and Burglary

LegalEagle

What Happens When You Get Caught Shoplifting

Law Venture

Your Rights When Accused of Shoplifting

Aimee the Attorney

Frequently Asked Questions About Theft Crimes

The distinction between petty theft (misdemeanor) and grand theft (felony) is determined primarily by the value of the stolen property compared to a statutory threshold that varies by state. In California, the threshold is $950; in Texas, it is $2,500; in New York, it is $1,000; and in Florida, it is $750. Property valued below the threshold is typically charged as petty theft (a misdemeanor with penalties up to 6 months or 1 year in jail and moderate fines), while property valued above the threshold is charged as grand theft (a felony with potential prison sentences of 1 to several years). Some items are automatically charged as grand theft regardless of value, including firearms and motor vehicles in many states. The valuation of stolen property is often contested in court, and an experienced attorney may be able to argue that the actual value falls below the felony threshold.

Citations & Sources

  1. [1]
    Larceny-theft was the most common property crime in the United States in 2022, with approximately 4.7 million offenses reported to law enforcement. — FBI Uniform Crime Report
  2. [2]
    An estimated 6.5 million property crime offenses were reported in 2022, encompassing larceny-theft, burglary, motor vehicle theft, and arson. — FBI Uniform Crime Report
  3. [3]
    The National Association for Shoplifting Prevention estimates that shoplifting costs American retailers approximately $13 billion annually. — National Association for Shoplifting Prevention
  4. [4]
    Approximately 1 in 11 Americans has shoplifted at some point in their lives, according to industry estimates. — National Association for Shoplifting Prevention

Ready to Discuss Your Theft Crimes Case?

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Request a Consultation1-844-6-NWIND-1 (1-844-669-4631)