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Theft Crimes, Punishment, License Suspension

A person commits a theft if the individual knowingly obtains or uses, or tries 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 takes the property to their own use.

If the property stolen is valued at $100,000 or the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the receiving dock or in the course of the crime the offender uses a motor vehicle, other than as a getaway vehicle, to assist in committing the crime and damages real property of another, or causes damage to the real or personal property of another in excess of $1,000 commits grand theft punishable as a felony of the first degree punishable by up to 30 years in prison and a fine of up to $10,000.

If the property stolen is valued at $20,000 or more, but less than $100,000; the offender commits a felony of the second degree punishable by up to 15 years in prison and a fine of up to $10,000;

It is grand theft of the third degree and a felony of the third degree punishable by up to 5 years in prison and up to a $5,000 fine, if the property stolen is:

$300 or more, but less than $5,000;

$5,000 or more, but less than $10,000;

$10,000 or more, but less than $20,000

A will or testamentary instrument, Firearm, Motor vehicle, Any fire extinguisher, property taken from a designated legally posted construction site or any stop sign.

It is a grand theft and a third-degree felony if the property taken is valued at $100 but less than $300 and is taken from a dwelling or from an unenclosed curtilage of a dwelling.

If the property stolen is valued at $100 or more but less than $300 it is a misdemeanor of the first degree punishable by up to 1 year in the county jail and up to a $1000 fine. All other thefts not specified above is a misdemeanor of the second degree punishable by up to 60 days in the county jail and up to a fine of $500.

PETIT THEFT

A person who commits petit theft and who has a previous conviction of any theft commits a misdemeanor of the first degree, punishable by up to 1 years in the county jail and a fine of up to $1,000;

A person who commits petit theft and who has been convicted of two or more thefts commits a felony of the third degree, punishable by up to 5 years in state prison and a fine of up to $5,000.

GAS DRIVE OFF

Failure to pay for gasoline is punished as described above. In addition, every judgment of guilty of a petit theft for a gas drive off shall have his or her driver license.

For a first offense the suspension shall be for 6 months;

For a second offense or subsequent conviction the license suspension shall be for 1 year.

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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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