Northwest Arkansas Theft Crimes Defense Lawyers

If you have been accused or charged with a theft crime in Arkansas, you need a strategic defense. The attorneys at Horton Law have decades of legal experience that we can leverage to fight for the best possible outcome in your case. Contact us today for a confidential case review.

 

What Is Theft in Arkansas?

Theft has many different definitions in Arkansas. This criminal offense can involve any of the following actions:

 

  • Taking another person’s property intending to deprive the owner of it
  • Exercising unauthorized control over someone else’s property
  • Making an unauthorized transfer of a property interest
  • Obtaining or diverting another person’s services without authorization or payment
  • Taking another person’s property or services by deception or threat

 

Arkansas also has specific laws related to the theft of certain property, including motor fuel, scrap materials, or trade secrets.

 

Because theft in Arkansas can encompass various actions and allegations, it is crucial that you work with an experienced attorney who understands these various laws and possible defenses that they can raise on your behalf.  

 

Common Types of Arkansas Theft Crimes

Arkansas’ theft and fraud crimes are listed in Chapters 36 and 37 of Title 5 of the state Penal Code, any of which you might be charged with. Some of these are misdemeanor offenses, which carry a possible penalty of up to one year in jail. Others are felonies, which can result in imprisonment of more than one year.

 

Each type of theft charge can involve unique legal considerations. Some of the most common theft and fraud crime charges our criminal defense lawyers see include the following:

 

Theft of Property

A.C.A. § 5-36-103 defines the crime of theft of property as taking or exercising unauthorized control over or an unauthorized transfer of another person’s property interest with the purpose of depriving the owner of the property or obtaining another person’s property by deception or threat with the purpose of depriving the owner of the property. For example, you could be charged with this crime if you broke into someone else’s house and took something that belonged to another person or threatened the property owner with violence if they did not give the property to you.

 

This crime is a wobbler – it can be charged as a felony or a misdemeanor, depending on the specific circumstances. In particular, it can be classified as a Class A misdemeanor or as a Class B, C, or D felony.

 

Theft of Services

A.C.A. § 5-36-104 defines the separate crime of theft of services as obtaining services that the defendant knows are usually obtained by payment through threats, deception, or other methods to avoid payment with the intent to defraud another person or business, or they purposely divert the service to their own benefit or a third party not entitled to the service while having control over the disposition of the service. For example, you could face this crime if you rewired your neighbor’s electricity to provide electricity for your home without their permission.

 

This crime can be charged as a Class A misdemeanor or as a Class B, C, or D felony, depending on the value of the service, whether threats were used, the damage caused to the conduit providing the service, or whether the crime resulted in exposure to hazardous materials.

 

Shoplifting

Shoplifting occurs in Arkansas when someone takes property from a store or business with the intent not to pay for it and to deprive the owner of it. Under A.C.A. § 5-36-116, a shop owner can detain someone when they are presumed to be shoplifting to recover the property.

 

Theft by Deception

A.C.A. § 5-36-103 includes the concept of theft by deception in the definition of theft of property. Under this type of theft offense, the defendant is accused of using words or actions to persuade the victim to give the defendant the property, rather than using force. Theft by deception can also involve the theft of services.

 

Some examples of situations that could result in being charged with theft by deception include the following:

 

  • Paying for goods or services with a stolen credit card
  • Demanding money from someone by falsely claiming that they are an IRS agent or other official
  • Dining and dashing, in which restaurant-goers leave without paying for their food
  • Tapping into a neighbor’s cable or internet services
  • Obtaining money through a phishing scam executed over text messages or email

 

Theft of Public Benefits

You can be charged under A.C.A. § 5-36-202 if you illegally obtain any public benefits through misrepresentation, including welfare, food stamps, WIC, or Medicaid. The level of charge depends on the value of the public benefit that you received.

 

When Theft Is a Misdemeanor

Theft offenses can be either misdemeanors or felonies. A major factor that determines this classification is the value of the property. Generally, a theft that involves property valued at $1,000 or less is classified as a misdemeanor. Misdemeanor offenses in Arkansas can be punished by up to one year in jail and a fine of up to $2,500.

 

When Theft Is a Felony

Felonies are considered more serious offenses than misdemeanors. Theft crimes that are felonies generally increase in degree based on the value of the property stolen. Felonies can result in imprisonment from one to 30 years.

 

Arkansas felony theft crimes are classified as the following:

 

  • Class D felony: Theft of property valued between $1,000 and $5,000, a credit or debit card number, a firearm with a value less than $2,500, livestock valued over $200, a utility line or farm utility system, a decorative or memorial cemetery item in a repeat offense, oil or gas equipment with a value of less than $1,000 if it is taken across state lines or causes damages, or property valued between $100 and $500 stolen during a state of emergency
  • Class C felony: Theft of property valued between $5,000 and $25,000, property with a value of more than $500, stolen during a state of emergency, property secured by threat, a firearm with a value of $2,500 or more, oil or gas equipment with a value between $1,000 and $5,000 when crossing state lines or causing damages, or building materials worth $500 or more
  • Class B felony: Theft of property with a value of $25,000 or more, of property by threatening serious bodily injury or home destruction or someone in a confidential or fiduciary role, of property that contains anhydrous ammonia, oil and gas equipment valued at more than $5,000, or public utility property of $500 or more
  • Class A felony: Specific repeat or specialized theft offenses, such as a second or subsequent offense of mail theft or the theft or unauthorized reproduction of a mail receptacle by key or lock, as well as some fraud offenses, can be charged as a Class A felony.

 

Potential Penalties for Theft

The potential penalty that you face largely depends on how the crime you are charged with is classified. The potential crime classifications and penalties you could face include the following:

 

  • Unclassified misdemeanor: Punished according to the statute defining the misdemeanor offense
  • Class C misdemeanor: Up to 30 days incarceration and fines of up to $500
  • Class B misdemeanor: Up to 90 days’ incarceration and fines of up to $1,000
  • Class A misdemeanor: Up to one year incarceration and fines of up to $2,500
  • Unclassified felony: Punished according to the statute defining the felony offense
  • Class D felony: Up to six years in prison and fines of up to $10,000
  • Class C felony: Between three and ten years in prison and fines of up to $10,000
  • Class B felony: Between five and twenty years in prison and fines of up to $15,000
  • Class A felony: Between six and 30 years in prison and fines of up to $15,000

 

Arkansas’ theft laws allow judges to impose enhanced sentencing on defendants, based on their prior criminal history and the circumstances surrounding the crime, such as the use of a weapon, causing serious injury, or targeting a vulnerable victim. These enhanced penalties can provide for longer periods of incarceration, higher fines, and mandatory punishments.

 

Collateral Consequences for a Theft Conviction

In addition to the penalties outlined above, you can face additional real-world consequences, such as having a permanent criminal record that follows you around for the rest of your life. Potential consequences could include the following:

 

  • Employment problems: A criminal conviction for theft can result in you being terminated for cause. You could have difficulty obtaining a professional license or security clearance required for your job. You could also experience difficulty in obtaining a new job, as a conviction will likely appear on your criminal background check. You could be passed over for a promotion. You might be refused jobs that involve handling cash or payments due to a theft conviction.
  • Education consequences: Individuals who are enrolled in college could face disciplinary action. They could also lose scholarships and have difficulty qualifying for other forms of financial aid.
  • Housing problems: Landlords could refuse to rent to you due to a theft conviction in your criminal record check. If they do rent to you, they might charge higher security deposits.
  • Immigration consequences: If you are not a citizen, you could potentially face removal proceedings, denials of your visa or application for permanent resident status, or other immigration consequences due to the conviction. A criminal conviction could also cause difficulty if you try to travel outside the country.
  • Reputation damage: Some people equate theft with acts of deception, so you may struggle in personal and professional relationships.
  • Financial distress: You could be required to pay court costs, expensive fines, and restitution, which can add a lot of stress to your life.
  • Probation: You could be placed on probation, which could limit your freedom, require you to meet regularly with a probation officer, and subject you to harsh consequences if you do anything that violates your probation.

 

Possible Defenses to Theft Charges

Mounting a strong defense is crucial to securing a favorable outcome in your case. Possible defenses in theft cases could include:

 

Misunderstandings

This defense could arise when the defendant has a reasonable basis to believe that the property was theirs or that they had a right to it. There could be disputes about borrowing property. If you had permission to use the item, this could potentially be a viable defense in your case.

 

Accidents

Sometimes, a person may accidentally take something that they didn’t mean to. For example, they may have picked something up to admire it and forgot to return it to its original place, or they may accidentally miss items while using the self-checkout machine at Walmart.

 

Lack of Intent

Theft is a specific intent crime. Most statutes state that the defendant must have had the intent to permanently deprive the owner of their property or to defraud the alleged victim. If the prosecution cannot establish that you had this required mental state with proof beyond a reasonable doubt, you should not be convicted.

 

Value of the Item

The seriousness of the offense often depends on the value of the item that was stolen. While showing that the item was less valuable than the prosecution claims won’t be a complete defense to the offense, it may help lessen the potential penalties you could be facing.

 

Illegal Searches

If law enforcement only found stolen items in your possession because they violated your right to be free from unreasonable searches and seizures, this evidence could potentially be suppressed (not used against you in court). Our experienced criminal defense lawyers know how to challenge illegally obtained evidence or procedural irregularities.

 

In addition to identifying all possible defenses to raise in your case, an experienced lawyer can explore alternatives to sentencing, diversion programs, or options to reduce or dismiss these charges against you.

 

Contact an Experienced Theft Defense Lawyer for Legal Assistance

If you have been charged or accused of committing shoplifting, theft of services, or any other theft crime in Northwest Arkansas, you need skilled legal representation to protect your legal rights. We can review the charges against you and help build a strong defense. Contact us today for a confidential consultation.

Ready to fight for you. Give us a call today