Missouri's laws regarding felony theft are complex, depending on the value of the stolen property and other factors. Simply stating a dollar amount isn't sufficient to definitively determine if a theft is a felony. This article will break down the intricacies of Missouri's theft statutes to provide a clearer understanding.
What Determines if Theft Is a Felony in Missouri?
The severity of a theft charge in Missouri hinges on several key factors, most importantly the value of the stolen property. However, it's not just a simple dollar figure; the type of property stolen and the circumstances of the theft also play significant roles.
Missouri Revised Statutes § 570.030 defines the crime of stealing. The classification (misdemeanor or felony) and the potential penalties depend on several factors:
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Value of Stolen Property: This is the most critical factor. The value determines the class of the felony. However, it's crucial to understand that the "value" isn't always straightforward. It considers the fair market value of the property at the time of the theft. This might involve appraisal or other evidence.
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Type of Property Stolen: Stealing certain types of property, regardless of their monetary value, might automatically lead to felony charges. This could include things like firearms, motor vehicles, or livestock.
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Prior Convictions: A defendant's history of theft-related offenses significantly impacts the sentencing. Repeat offenders face harsher penalties, even for seemingly minor thefts.
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Circumstances of the Theft: Aggravating factors, such as the use of a weapon during the theft, or theft from a vulnerable person, can significantly increase the severity of the charges.
How Much Stolen Property Results in a Felony?
While there's no single dollar amount that universally defines felony theft in Missouri, here's a general overview based on the value of the stolen property:
- Stealing Less than $750: This is usually a Class A misdemeanor.
- Stealing $750 to $2,500: This typically constitutes a Class C felony.
- Stealing $2,500 to $10,000: Generally classified as a Class B felony.
- Stealing over $10,000: Usually a Class A felony (the most serious).
Important Note: These are general guidelines. The specific charges and penalties will depend on the prosecuting attorney's discretion and the facts presented in court.
What are the penalties for felony theft in Missouri?
The penalties for felony theft in Missouri vary greatly depending on the class of felony. Penalties can include substantial prison time, significant fines, and probation.
Can theft of property valued under $750 ever be a felony?
Yes. Even if the stolen property is valued under $750, it could still result in felony charges in specific circumstances. This might occur if the theft involves:
- Aggravating circumstances such as using a weapon or targeting a vulnerable individual.
- Prior convictions for theft, leading to enhanced penalties under Missouri's repeat offender statutes.
- Specific types of property like firearms, regardless of value.
What if the stolen property is difficult to value?
Determining the fair market value of unusual or unique items can be challenging. In such cases, expert appraisals or other evidence might be necessary to establish the value for legal purposes.
Where can I find more detailed information about Missouri theft laws?
For precise legal information, you should consult the Missouri Revised Statutes directly, specifically § 570.030 and related sections. It's advisable to consult with a qualified legal professional in Missouri for guidance on specific cases.
This information is for educational purposes only and does not constitute legal advice. Always seek the advice of a legal professional for matters concerning criminal charges.
