A theft is the taking of property of another with the intent to permanently or temporarily deprive the person of a right to the property or to appropriate the property to his or her own use or the use of another who is not entitled.
A misdemeanor theft is called petit theft. If the value of the property taken is in excess of $300, then the crime becomes a felony called grand theft. The value of the property taken is determined by the fair market value at the time it was taken.
Petit theft is an enhanceable offense. If you have two prior convictions for theft, you could be charged with a felony for subsequent thefts regardless of the value of the property taken.
Theft of certain items is a felony regardless of their monetary value. Such items include fire extinguishers, livestock, motor vehicles, firearms, stop signs, and property taken from posted construction sites.
Theft crimes often involve shoplifting from retail stores. Fighting these charges involves holding the State to their burden of producing enough evidence to convict beyond a reasonable doubt. Attorney Brandon Gans is certified in Loss Prevention Management and investigates for surveillance video, receipts, photographs, witness statements, and even store loss prevention policies.
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