Many minor theft offenses in Kentucky lead to misdemeanor criminal charges. People accused of shoplifting or stealing from another person often face petit/petty theft or theft by unlawful taking charges. The offense is a Class A misdemeanor that can lead to up to a year in jail.
However, Kentucky state prosecutors generally try to bring the most serious charges possible given the circumstances. If there are certain aggravating factors present, a simple theft offense could theoretically lead to felony charges.
What unique details about a situation might warrant felony prosecution?
1. The value or nature of the property
Kentucky state statutes allow for felony charges when the total value of stolen assets reaches $1,000. Additionally, there are certain types of property that have extra protection under the law. The theft of a firearm or controlled substance typically leads to a felony charge, regardless of the value of the items stolen.
2. The use of a weapon
The presence of a deadly weapon during a theft offense is a common aggravating factor. State prosecutors can then charge defendants with robbery, which is a felony offense.
3. Prior criminal convictions
If the defendant accused of theft has two or more prior theft offenses on their record from within the last five years, their history with the criminal justice system can affect the charges that prosecutors bring and possibly also the penalties that the courts impose during the sentencing process.
Instead of assuming that an offense is minor and rushing to enter a guilty plea, those accused of theft crimes may benefit from reviewing the situation with a criminal defense attorney. Fighting back against theft charges can help people avoid significant criminal penalties and a criminal record that could affect their employment and housing indefinitely.