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What Differentiates Misdemeanor Theft Charges from Felony Theft Charges?

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What Are Types of Felony Thefts in Minneapolis, MN

Minnesota has different thresholds to separate the severity of theft crimes. Generally, if the value of the property or services taken is less, then the criminal penalties are less severe. See the table below for a breakout of these thresholds.

Stolen Property Crime Max Penalties
  • Firearm; or
  • Property/services in excess of $35,000
 Felony 20 years and/or $100,000
  • Property/services in excess of $5,000;
  • Trade secret;
  • Bomb; or
  • Controlled substance in Schedule I or II (except marijuana)
 Felony 10 years and/or $20,000
  • Property/services between $1,000 and $5,000;
  • Controlled substance in Schedule III, IV, or V;
  • Property/services between $500 and $1,000, and prior theft-related felony or gross misdemeanor conviction w/in past 5 years; or
  • Property/services less than $1,000 and:
    • Property is taken from person of another or from corpse;
    • Property is record of court or public official;
    • Property taken from burning, abandoned, or vacant building or area of destruction;
    • Property is public funds; or
    • Property is motor vehicle
 Felony 5 years and/or $10,000
  • Property/services is between $500 and $1,000
 Gross Misdemeanor 1 year and/or $3,000
  • Property/services is $500 or less
 Misdemeanor 90 days and/or $1,000

Property is defined as all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat. Services are defined as labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use including rental of personal property or equipment.

The burden is on the state to prove the value of the alleged property or services taken. If the state’s alleged value is incorrect, the accused can make a showing of the correct value. In general, the value is the retail market value at the time of the alleged theft or the cost of replacement within a reasonable time after the theft.

If you or someone you know is facing theft charges in Minnesota, contact one of our criminal defense attorneys today at 763-421-6366 for a free consultation.

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