People accused of shoplifting or taking property that belongs to other people could face theft charges. Especially if the person accused of theft has no prior experience with the criminal justice system, they might expect to receive lenient treatment.
People may assume that the state should treat the offense as a misdemeanor that only carries minor penalties. While minor theft offenses without aggravating factors are often misdemeanor crimes, Oregon prosecutors can also bring felony charges against those accused of theft.
When does theft cross the line and potentially become a felony in Oregon?
When the property is valuable
There is a financial cutoff for misdemeanor theft charges. There are two separate categories of misdemeanor theft, but any theft offense involving property worth $1,000 or more is automatically a felony regardless of any other details about the situation.
When the property has legal protection
State law recognizes that the theft of certain types of assets is a more serious crime than other, more minor thefts. Theft of a firearm, explosive, animal or precursor substance used to make drugs can be a felony, regardless of the value of the assets.
When there are aggravating factors
When a theft offense potentially exposes others to the risk of physical injury, the state may be more likely to pursue felony charges. Thefts during a riot are usually felony offenses. Theft involving extortion, burglary/unlawful entry onto private property or a robbery, possibly with a weapon, is often charged as a felony.
Both misdemeanor and felony theft charges warrant an assertive response in court, but felony theft allegations are especially important for people to properly address. Reviewing the state’s evidence and other details about one’s situation with a criminal defense attorney can help those accused of theft crimes develop realistic defense strategies.