People may underestimate the risk involved in property crimes. Theft offenses are not always misdemeanors. State prosecutors can bring felony charges against people accused of theft offenses in several circumstances.
Sometimes, aggravating factors, such as a breach of fiduciary duty, the presence of a weapon, injuries caused to others and home invasion could lead to more serious charges. Other times, the overall value of the property could be high enough to justify felony charges under state statutes.
Occasionally, people face felony prosecution because of the type of property allegedly involved in a theft incident. There are a few different types of assets that can automatically trigger felony theft charges regardless of their value.
1. Motor vehicles
Most of the time, motor vehicles have a fair market value higher than the threshold for felony prosecution. Even if the vehicle is barely operational and worth almost nothing, the state can pursue felony charges over the misappropriation of a motor vehicle. In fact, even forcing entry into a vehicle with the intent to commit a crime could lead to felony charges.
2. Grave markers
There are a few reasons why people might steal a grave marker. Those with a deep grudge against a recently deceased individual or their immediate family members might want to remove a grave marker out of spite. Sometimes, young adults might vandalize grave sites as a way to impress their peers. People might also steal grave markers if they identify the burial site of a celebrity or a notorious criminal. Regardless of the circumstances, the theft of a tombstone or similar grave marker could lead to felony charges.
3. Certain dangerous items
State law allows for felony prosecution when a person misappropriates resources that could directly harm others. The law allows for felony prosecution after the theft of a firearm. Similarly, those accused of stealing incendiary devices could face felony charges. The theft of anhydrous ammonia, a compound used to manufacture methamphetamine, could also lead to felony prosecution.
Individuals accused of theft offenses need to understand the law and the state’s case if they hope to avoid a life-altering criminal conviction. Consulting with a criminal defense attorney can help people develop a viable strategy to fight pending theft charges.