Property crimes are among the most common offenses committed in Montana. Some people, like teenagers, may engage in compulsive property crimes such as shoplifting. They may do it for the thrill of the experience or just to see if they can.
Other times, people may steal property out of desperation. Unemployment and substance abuse disorders may increase the likelihood of individuals turning to theft because they cannot support themselves and their families. Many people recognize that certain types of theft are more serious than others.
Obviously, armed robberies and burglaries are scenarios that might warrant harsh charges because they endanger other people. Are forms of theft like shoplifting that don’t involve threats, physical force or weapons ever categorized as felony offenses in Montana?
Property value influences charge severity
Montana state law addresses many different scenarios that could constitute theft. Deceiving someone, taking property without their permission, purchasing or storing stolen property, embezzling from employers and taking items from retail establishments without paying may all constitute theft.
Oftentimes, those facing theft charges in Montana face misdemeanor criminal charges. So long as the property is worth $1,500 or less, the defendant may face a misdemeanor charge. Jail time isn’t likely unless the defendant has prior theft offenses on their record. In many cases, first-time misdemeanor theft offenses only result in up to $500 in fines.
Felony theft charges are possible once the value of the property reaches $1,501 or more. The total value of the assets and the number of prior offenses on a defendant’s records influence the penalties they face. Felony theft can potentially lead to as long as 10 years in prison and up to $50,000 in fines.
Defendants also need to understand that sometimes special property can lead to felony charges. The theft of domesticated hoofed animals including cattle and horses could lead to felony theft charges.
Theft offenses, including fraud, that specifically target vulnerable people can lead to felony charges too. Those over the age of 65, suffering from incapacitating conditions or dealing with developmental disabilities have special protection under the law. A theft offense targeting them may lead to felony charges.
Reviewing the law and the situation that led to theft charges with a skilled legal team can help defendants plan a strong defense strategy. Defendants who understand the law may have a better chance of minimizing consequences or avoiding a conviction altogether.
