Theft / Fraud
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to either temporarily or permanently deprive the other person of a right to the property or appropriate the property to his or her own use or to the use of another not entitled to it.
Depending on the value of the property taken, the location of the property, and the victim the potential sanctions will vary. If you have prior theft convictions, the “degree” of theft that you will be charged with will increase. For example if you have been convicted for theft two or more times, your third petty theft arrest, will be a 3rd Degree Felony. If the victim is over 65 years old and you are convicted of the theft, your sentence could have an additional requirement of up to 500 hours of community service.
If found guilty of any misdemeanor violation, the court could order the suspension of your driver’s license on your first conviction, and will issue a suspension if it is your second conviction.
Grand Theft 1st Degree
- When the value of the property is $100,000.00 or more or is $50,000.00 or more and has entered the stream of commerce.
- When in the course of the theft a motor vehicle is used as an instrumentality and damages the property of another, or the offender damages the personal or real property of another in excess of $1,000.00.
Grand Theft 2nd Degree
- When the property stolen is valued between $20,000.00 and $100,000.00, or is less than $50,000.00 and has entered the stream of commerce
- When the property is valued at $300.00 or more and is emergency medical equipment or law enforcement equipment
- When a person coordinated the activities of one or more persons in committing theft when the value of the property is over $3,000.00.
Grand theft 3rd Degree
- When the value of the property is valued between $300.00 and $20,000.00
- When the property is a will, codicil, firearm, motor vehicle, commercially farmed animal, fire extinguisher, or stop sign.
- When the value of property is between $100.00 and $300.00 and is taken from a dwelling
Petty Theft 1st Degree
- When the property is valued between $100.00 and $300.00
Petty Theft 2nd Degree
- When the property is valued under $100.00
- When the property is gasoline dispensed into a fuel tank and no payment has been made. (Please Note if found guilty, your driver’s license will be suspended for 6 months to a year depending on your prior convictions.)
Forgery / Worthless Checks
Whoever falsely makes, alters, forges or counterfeits a public record, attestation, deed, will, bond, letter of attorney, receipt for money, etc… or if a person utters a forged, altered document, knowing the same to be false he or she will be charged with a third degree felony.
Whoever draws, makes, utters, issues, or delivers to another any check, draft, or other written order on any bank or depository, for the payment of money, knowing that there was not sufficient funds on deposit or with such bank, with which to pay the same, will be charged with a first degree misdemeanor if the amount is under $150.00, but if the value is greater, then he or she will be charged with a third degree felony.
By Statute, payment of the dishonored check does not constitute a defense or ground for dismissal.