The Consequences of a Felony Theft Conviction
A felony theft conviction can have consequences that affect every area of your life, from your freedom to your finances and more. Whether the charge stems from shoplifting valuable merchandise, embezzling company funds, or stealing property worth more than a statutory threshold, a felony conviction is a serious matter requiring immediate legal attention.
At Zak Newman Attorney At Law, I represent clients who are facing theft charges in Chattanooga, Tennessee. Here, I’ll explore what’s at stake when someone is convicted of felony theft, including prison time and fines, the obligation to pay restitution, and the long-term collateral consequences.
What Constitutes Felony Theft?
Felony theft, also known as grand theft or larceny, involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. The exact definition and classification of felony theft vary by state. However, in most jurisdictions, it becomes a felony when the value of the stolen property exceeds a specific threshold, usually between $500 and $2,500.
Certain circumstances can elevate a theft charge to a felony even if the value is lower. These may include stealing firearms or vehicles, targeting vulnerable victims, or committing theft while in a position of trust. Repeat offenses can also lead to felony charges, regardless of the property’s value.
Theft involving firearms or motor vehicles
Theft from a vulnerable individual (such as an elderly or disabled person)
Repeat offenses
Theft committed while in a position of trust (e.g., an employee or caregiver)
Being charged with a felony theft offense doesn't automatically mean a conviction will follow. But if convicted, the penalties can be severe and life-altering. The impact of a felony theft conviction extends beyond the courtroom, affecting personal and professional aspects of life. It’s crucial to seek experienced legal representation to protect your rights and explore possible defenses.
How Long Can You Be Incarcerated?
One of the most serious consequences of a felony theft conviction is incarceration. The length of a prison sentence varies depending on the specific state laws, the value of the stolen property, and any prior criminal history. Judges also consider aggravating and mitigating factors when determining the exact sentence.
Sentencing Guidelines
In general, felony theft may be categorized into different degrees or classes, each carrying its own sentencing guidelines. These classifications help judges determine appropriate punishments based on the severity of the offense. Understanding these categories is important, as they directly impact potential prison time and other penalties. For example:
Class 4 felony: May carry one to three years in prison
Class 3 felony: Typically two to five years
Class 2 felony: May result in three to seven years
Aggravated felony theft: In some jurisdictions, theft involving very high-value items (e.g., $100,000 or more) may result in 10 or more years behind bars
These are just typical ranges. Aggravating circumstances, such as the use of a weapon, conspiracy, or theft as part of organized crime, can lead to even longer sentences. Additionally, some states have mandatory minimum sentences that judges must impose, limiting discretion in sentencing.
Probation and Alternatives
While prison is a common outcome, it’s not the only possibility. Some defendants may be eligible for probation or community service, especially if it's a first offense or the property was returned. As your criminal defense lawyer, I can advocate for alternatives to incarceration based on mitigating factors, personal circumstances, or plea negotiations.
What Are the Financial Impacts?
Aside from incarceration, individuals convicted of felony theft will often face significant financial penalties. These are separate from restitution and serve as punishment to the offender. Fines can vary widely depending on the jurisdiction and the value of the stolen property. In some cases, courts may also impose additional fees or surcharges.
Statutory Fines
Statutory fines for felony theft can be steep. Many jurisdictions impose fines of up to $25,000 or more for felony convictions. Individuals may also be responsible for additional court fees, costs of prosecution, and legal surcharges. These financial obligations can quickly accumulate, placing a significant burden on the convicted individual.
These fines are imposed by the state and aren’t negotiable once imposed. Unlike restitution (which is meant to compensate the victim), fines go to the government and are often collected through wage garnishment, tax refund seizure, or property liens if not paid voluntarily. Failure to pay fines can also result in additional legal consequences.
Indirect Costs
Individuals should also be aware of potential indirect costs. These costs are often unexpected and can quickly overwhelm individuals and their families. Even those with savings may struggle to keep up with mounting legal and personal expenses during and after the case. A felony theft conviction can also lead to the following indirect financial burdens:
Attorney fees and court filing costs
Bail and bond payments
Loss of employment during or after the criminal proceedings
Increased insurance rates if theft involved driving (e.g., auto theft)
The financial aftermath of a theft conviction can take years to recover from, especially when compounded with limited job opportunities. This financial instability can lead to long-term debt, damaged credit, and an overall decline in quality of life. For many, these indirect consequences can feel just as punishing as the criminal sentence itself.
Compensating the Victim Through Restitution
Restitution is a court-ordered payment to the victim to compensate for losses resulting from the theft. It’s a central part of sentencing in many felony theft cases and can even exceed the value of the item stolen if other damages are involved. Courts aim to restore the victim to the financial position they were in before the crime occurred.
What Restitution Covers
Restitution can be ordered to cover a variety of losses suffered by the victim. This may include the value of stolen or destroyed property, repair costs for damaged items, and medical expenses if the theft involved injury or assault. Courts may also require reimbursement for lost wages or other out-of-pocket expenses resulting from the theft.
Restitution aims to “make the victim whole,” as if the crime had never occurred. It’s calculated separately from fines and intended to directly compensate the victim rather than punish the offender. Failure to pay restitution can lead to serious consequences, including probation violations or the imposition of a civil judgment.
Collateral Consequences of a Felony Theft Conviction
The direct consequences of a theft conviction are just the beginning. Indirect, or "collateral," consequences can be just as damaging. These long-term effects often impact employment, housing, and civil rights. They can also limit access to education, professional opportunities, and financial stability.
Employment Challenges
A felony theft conviction is considered a crime of dishonesty, making it difficult to secure employment. Employers often avoid hiring individuals with theft-related records, especially for roles involving money or sensitive information. Background checks may further limit opportunities across many industries.
Loss of Professional Licenses
Felony convictions can result in the loss or denial of professional licenses. Careers in law, medicine, education, and skilled trades are especially affected. Reinstating a license is possible but often requires a lengthy and difficult process.
Civil Lawsuits
Victims of felony theft may file civil lawsuits for damages beyond restitution. They can sue for emotional distress, punitive damages, and legal costs. A civil judgment adds further financial burden to the convicted individual. These lawsuits can proceed even after the criminal case has concluded, creating ongoing legal challenges.
Loss of Rights
Felony convictions can result in the loss of key civil rights. This may include losing the right to vote, serve on a jury, or own firearms. Restoring these rights requires formal legal steps that aren’t always promised. In some states, certain rights may never be fully restored, even after serving your sentence.
Speak With a Criminal Defense Attorney Today
A felony theft conviction isn't a temporary setback; it’s a long-term burden that affects your freedom, your finances, and your future. From prison sentences and steep fines to restitution payments and employment hurdles, the consequences are wide-ranging and severe.
At Zak Newman Attorney At Law, I help clients in Chattanooga, Tennessee, and the surrounding areas who have been accused of felony theft. Contact my defense firm today to begin working together.