Most people consider the definition of theft to be when someone steals something that does not belong to them. However, the laws surrounding theft make it more complicated, and theft crimes are classified in different ways depending on certain factors. Some of the factors that influence the way a theft crime will be classified include the monetary value of what was stolen and, in some cases, the specific items or services that were stolen. In addition, how the theft took place can determine how the crime is classified.
Is Stealing Always Considered Theft in the Legal System?
There are different types of criminal charges that can be brought against someone for taking something that isn’t theirs. These charges are made depending on the circumstances surrounding the actual moment in which the item or services were stolen. Stealing, for the most part, falls into one of three different classifications in the Wisconsin legal system: Theft, Robbery, or Burglary.
Theft
The criminal charge of theft is the most basic, as it pertains to taking someone else’s property without their consent while intending to permanently deprive that person of possessing said property. The consequences of a theft conviction differ widely, and they depend on the value and type of item stolen. Theft consequences range from misdemeanors to felonies.
Robbery
Robbery is punished much more harshly under Wisconsin law and differs from theft charges due to the nature of how the items or services were stolen. Stealing something can result in a robbery charge when the property is taken from the owner while using force or threatening to use force.
Armed Robbery
Armed robbery is very similar to robbery in that, for a case to be successfully made against someone, they must have stolen something by using force or the threat of force. However, it is a different charge because armed robbery involves the use of a dangerous weapon, such as a gun, or something that a reasonable person would believe is a dangerous weapon, such as a toy gun. Armed robbery is classified as a Class C felony in the state of Wisconsin, and a conviction could lead to a 40-year prison sentence and/or a fine of $100,000.
Burglary
Burglary is often spoken about in relation to theft; however, it is not technically a form of stealing. Although it doesn’t include stealing, it is very similar. When someone breaks into or enters a car, building, or home that does not belong to them with the intent to steal or commit a felony, they have committed burglary. Note that nothing has to be stolen for burglary charges to be made; rather, it’s the intent behind the action that matters. Burglary is a felony crime and is specifically classified as a Class F felony. However, it can result in a Class E felony if the burglar has a weapon.
What Are the Consequences of Theft Charges?
Because theft is a broad term for crimes that can be very different in scope, there is no universal consequence when a conviction for theft takes place. Theft offenses are generally classified based on how much the stolen property is worth or what type of property was stolen. Ultimately, someone convicted for theft can be sentenced with prison time, fines, and may have to pay the victim for what was stolen. Here are some of the different theft offenses in Wisconsin:
- Class A Misdemeanor: Class A Misdemeanor theft is a conviction given when the total amount of property or services stolen is less than $2,500. The punishment for this conviction includes a fine of up to $10,000, a prison sentence of up to 9 months, or some combination of the two that amounts to an equal punishment.
- Class I Felony: If someone steals items or services with a total value worth more than $2,500 but less than $5,000, they have committed a Class I felony. This crime can result in a fine of up to $10,000, a prison sentence of up to 3 years and 6 months, or some combination of both that amounts to an equal punishment.
- Class H Felony: Class H Felony theft occurs when someone steals property or services worth more than $5,000 but no more than $10,000. Theft is also automatically a Class H felony if the items stolen include a gun or someone’s pet, or if they were taken during looting or from an individual who is at-risk. A Class H felony theft charge can result in a fine of up to $10,000 and a prison sentence of up to 6 years.
- Class G Felony: If someone steals items or services that amount to more than $10,000 but no more than $100,000, they have committed a Class G felony and are subject to the potential consequences. The consequences for a Class G felony theft charge include a fine of up to $25,000 and a jail sentence of up to 10 years.
- Class F Felony: When someone steals items or property with a total value that is more than $100,000, they have committed a Class F felony and can be sentenced to severe consequences for their conviction. The consequences for such a conviction include a fine of up to $25,000, a potential prison sentence of up to 12 and a half years, or both.
Is Stealing from a Store Treated Differently in Court Than Stealing from an Individual?
When someone steals items from a retail establishment, it is known formally in court as retail theft. Retail theft is treated differently in court because there are both criminal and civil penalties, and the threshold for potential consequences is much lower. If someone intentionally commits any of these acts without consent from the storeowner, for the purpose of depriving the storeowner of its merchandise, they have committed retail theft:
- Changing the price of the merchandise (swapping stickers or tags) or lowering the value of the merchandise (intentionally causing damage to a product in the hopes of having the price lowered)
- Taking merchandise and carrying it away
- Transferring possession of or concealing merchandise that has been stolen
- Taking an anti-theft device off a product to try stealing it without being caught
- Using a shielding device to prevent an anti-theft device from working as intended
Based on these circumstances, someone can technically be charged with retail theft without even leaving the store with the stolen merchandise. All that is required for someone to be convicted of retail theft is the intent to deprive a merchant of the full value of their merchandise or the merchandise itself.
What Are the Criminal Penalties for Retail Theft?
The penalties for retail theft depend on how much the merchandise in question costs, which is similar to stealing from an individual. Someone convicted of retail theft may be required to pay the merchant restitution, which would compensate them for the loss of their merchandise. For retail theft, the potential convictions include:
- Class A Misdemeanor: If someone commits retail theft and the total value of the merchandise in question is $500 or less, they will receive a Class A misdemeanor. This charge will be increased to a Class H felony if two or more people work together to commit retail theft.
- Class I Felony: When retail theft occurs and the total value of the merchandise involved is between $501 and $5,000, the person who committed the theft will be charged with a Class I felony.
- Class H Felony: If someone commits retail theft and the total value of the merchandise in question is between $5,001 and $10,000, that person will be charged with a Class H felony.
- Class G Felony: If retail theft is committed and the total value of the merchandise involved is more than $10,000, the person who committed the retail theft will be charged with a Class G felony.
What Are the Civil Penalties for Retail Theft?
The civil penalties for retail theft will be paid to the merchant when someone commits retail theft. The potential civil penalties for retail theft include:
- Paying the full retail value of the stolen merchandise to the merchant
- Punitive damages that are worth 3 times the full value of the merchandise stolen
- The merchant’s legal fees and any other costs they incurred due to the theft and lawsuit
Contact an Attorney Today
If you have been accused of theft, burglary, or robbery, contact The Law Offices of Christopher J. Cherella today. With over 25 years of experience, Attorney Cherella is ready to provide you with personalized and empathetic legal service. Contact him today at (414) 882-8382 or via our contact page.