What Is The Difference Between Felony and Misdemeanor Theft?

by on March 14, 2012

In Kentucky the difference between felony theft and misdemeanor theft is whether the value of the items stolen is over or under $500. This amount was changed from $300 on June 25, 2009. If the amount is under $500, then the charge is as a misdemeanor. If the amount is over $500, then the charge may be considered as a felony.

This is ONLY for Kentucky. Ohio and federal law differs in the amount of theft. In Ohio, the severity of the theft and ranges from a M1 Misdemeanor to an F3, depending on the amount in question. Under Kentucky Revised Statute (KRS) 514.030, the charge is mandated as a Class A misdemeanor if the value is under five hundred dollars ($500) and is a Class D felony if the value is five hundred dollars ($500) or more.

Pursuant to KRS 514.030, Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony; or unless:
(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;
(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; or
(c) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Therefore, if the value of the theft exceeds $10,000, or if a firearm or anhydrous ammonia is stolen, it becomes a class C felony. Many options may be available if you are charged with a class C or D felony. If restitution is available, those options increase as well.

If you have been charged with theft, receiving stolen property, or any other crime in Boone, Campbell, Kenton or Gallatin Counties, contact Michael W. Bouldin for a consultation. Contact can be made by email at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

{ 8 comments… read them below or add one }