The State of Arkansas defines theft as the taking of another person’s property with the intent of depriving the owner of the property or exercising unauthorized control over the property of another. Theft will also include transferring a property interest without authorization. This is the overarching definition of theft under Arkansas law. There are several different types of theft offenses a person may be charged with depending on the circumstances surrounding an alleged crime. Felony theft is an extremely serious criminal charge. The particular class of the felony theft charge will largely depend on the value of the property stolen and other aggravating circumstances. The penalties for felony theft are severe. A conviction for felony theft will not only land you with substantial fines and extended periods of incarceration, but it will also follow you well into the future on your criminal record.
There are several different classes of felony theft in Arkansas. The class of the crime will largely rest on the value of the property or services stolen. The value is determined using the reasonable fair market value at the time of the theft. Alternatively, it may be determined using the reasonable replacement value of the property in a short period of time following the theft.
Should the value of items stolen be less than $1,000, the theft will, in most cases, be considered a misdemeanor. However, the charge will be raised to a Class D felony if the theft was one in a series of three or more thefts that occurred within a three day period. The theft will also be bumped up to a Class D felony if the stolen property value was between $100 and $500 and occurred during a state of emergency. There are other circumstances where the value of the stolen property may fall below $1,000 but will still be classified as a Class D felony. In most cases, however, theft will be considered a Class D felony should the stolen property value fall between $1,000 and $5,000. The penalties for a Class D felony may include up to 6 years imprisonment and fines up to $10,000.
Generally speaking, felony theft will be considered a Class C felony if the value of the stolen property falls between $5,000 and $25,000. Like the Class D felony theft, there are other circumstances that may warrant this heightened charge despite the property value falling below the established range. For instance, if the stolen property exceeded $500 in value and was stolen during a state of emergency, it would fall into the Class C felony theft category. Penalties for a Class C felony include 3 to 5 years imprisonment and fines of up to $10,000.
There is also Class B felony theft. This involves property stolen that is valued at $25,000 or more. Additionally, theft will be considered a Class B felony, regardless of the value of the stolen property, if the theft involved something like the threat of serious bodily injury or the destruction of someone else’s home, among other circumstances. Penalties for a Class B felony include 5 to 20 years imprisonment and fines up to $15,000.
Criminal Defense Attorney
A felony theft charge is not a thing to take likely. A conviction means prison time. It means substantial fines. It means the rest of your life will be impacted. Get defense counsel you can trust. The Law Offices of Bryce Cook is committed to zealously advocating on behalf of our clients. Contact the Law Offices of Bryce Cook today.