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.
Theft has many different definitions in Arkansas. This criminal offense can involve any of the following actions:
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.
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:
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.
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 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.
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:
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.
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.
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:
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:
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.
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:
Mounting a strong defense is crucial to securing a favorable outcome in your case. Possible defenses in theft cases could include:
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.
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.
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.
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.
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.
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.