Theft charges in Arkansas range from misdemeanors to serious felonies. In most cases, the value of the property decides whether it is felony theft and how serious the charge is (A.C.A. § 5-36-103).
What Counts as Theft
A person commits theft of property by knowingly taking or controlling someone else’s property without permission, or by getting it through deception or threat, with the purpose of depriving the owner of it.
When Theft Becomes Felony Theft
- Class B felony: property worth $25,000 or more, or property obtained by threat of serious physical injury, among other situations.
- Class C felony: property worth more than $5,000 but less than $25,000, property obtained by threat, or certain other property, such as a firearm worth $2,500 or more.
- Class D felony: property worth more than $1,000 but no more than $5,000, among other situations.
Lower-value theft is usually a misdemeanor. However, the law also treats certain kinds of property and certain repeat offenses more harshly, so the value is not the only question.
Possible Sentences
Under A.C.A. § 5-4-401, the felony class sets the possible sentence range. In addition, a conviction can bring fines, restitution and a lasting criminal record.
Defenses and Questions to Ask
- Did the person actually intend to deprive the owner of the property?
- How did the State value the property?
- Was there permission or a misunderstanding about ownership?
- Was any evidence gathered unlawfully?
Because value often decides the charge, how the State proves value can matter a great deal. For more, see my criminal defense page.
Talk With a Jonesboro Lawyer
You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online.
This post is general information about Arkansas law, not legal advice for your situation.
