Introduction
In Minnesota, theft is not a one-size-fits-all charge. The seriousness of a theft offense is largely determined by the value of the property stolen and the circumstances surrounding the act. These factors influence whether you’re facing a misdemeanor or felony — and what penalties you’re up against.
Understanding how theft crimes are classified by value is crucial if you’ve been charged with or are under investigation for a theft-related offense. This blog breaks down Minnesota’s theft laws, the thresholds for each level of charge, and how the attorneys at Martine Law can help protect your rights.
What Is Theft Under Minnesota Law?
Minnesota defines theft under Statute § 609.52 as the unlawful taking, using, transferring, concealing, or retaining possession of someone else’s property with the intent to deprive the owner of it permanently.
The law covers a wide range of conduct, including:
- Shoplifting
- Auto theft
- Check fraud
- Receiving stolen property
- Theft by swindle
- Misuse of property entrusted to you
Classification of Theft Charges by Value
Minnesota law uses monetary thresholds to determine whether a theft crime is classified as a misdemeanor, gross misdemeanor, or felony. Below is a breakdown:
1. Theft of Property Worth $500 or Less
- Charge: Misdemeanor
- Penalty: Up to 90 days in jail and/or a $1,000 fine
- Example Offenses: Shoplifting small items, stealing low-value electronics or clothing
This is the least serious theft charge, but a conviction still results in a criminal record, which can impact future employment, housing, and education opportunities.
2. Theft of Property Worth More Than $500 but Not More Than $1,000
- Charge: Gross misdemeanor
- Penalty: Up to 1 year in jail and/or a $3,000 fine
- Example Offenses: Stealing a smartphone, small-scale fraud
Theft charges in this range may be elevated to a felony if you have prior theft convictions on your record.
3. Theft of Property Worth More Than $1,000 but Less Than $5,000
- Charge: Felony
- Penalty: Up to 5 years in prison and/or a $10,000 fine
- Example Offenses: Auto theft, high-end electronics, repeated shoplifting incidents adding up to more than $1,000
Felony charges significantly raise the stakes, and a conviction may come with long-term consequences such as loss of gun rights, voting rights (during incarceration), and barriers to employment.
4. Theft of Property Worth More Than $5,000 but Less Than $35,000
- Charge: Felony
- Penalty: Up to 10 years in prison and/or a $20,000 fine
- Example Offenses: Major embezzlement, large-scale fraud
At this level, theft is considered a serious criminal offense. Judges often impose prison time, especially if the victim suffered significant financial harm.
5. Theft of Property Worth $35,000 or More
- Charge: Felony
- Penalty: Up to 20 years in prison and/or a $100,000 fine
- Example Offenses: Corporate theft, large-scale financial crimes, theft involving a vulnerable adult
This is one of the most severe classifications. Prosecutors may seek enhanced penalties if the theft involved public funds, fiduciary responsibilities, or repeat behavior.
Aggravating Factors That Increase Severity
In addition to the value of the property, Minnesota law allows for enhanced penalties if certain conditions apply, including:
- Theft from a vulnerable adult
- Prior convictions for theft-related offenses
- Theft of firearms or controlled substances
- Theft during a burglary or robbery
- Organized retail theft (multiple coordinated incidents)
When aggravating factors are present, even a low-value theft can be charged as a felony.
What Happens After You’re Charged?
If you’re charged with theft, you’ll go through several stages in the criminal process:
- Arrest and booking
- Arraignment (first court appearance)
- Discovery and pretrial motions
- Plea negotiations or trial
If you are convicted, sentencing is based not only on the classification but also on your criminal history score, which Minnesota uses to calculate appropriate sentencing guidelines.
For more on the criminal process, refer to the Minnesota Judicial Branch Criminal Help Center.
Possible Legal Defenses
At Martine Law, we explore all possible defenses based on the facts of your case:
- Lack of intent to steal
- Mistaken identity
- Wrongful accusation
- Consent of the owner
- Violation of constitutional rights (illegal search or seizure)
We may also work to get charges reduced or dismissed, or negotiate a diversion program that avoids a permanent conviction.
Can You Expunge a Theft Record?
Yes, under certain conditions. Minnesota law allows for expungement of some misdemeanor and felony theft convictions if:
- You have completed all terms of your sentence
- You haven’t committed new crimes
- Enough time has passed since the conviction
Expungement can clear your record from public view, which helps with jobs, housing, and loans. Learn more about eligibility from LawHelpMN.
Why You Need a Theft Defense Attorney
Even a misdemeanor theft charge can have lasting consequences. An experienced attorney from Martine Law can:
- Explain the charges and potential penalties
- Investigate the facts of your case
- Negotiate favorable plea deals
- Represent you in court
- Guide you through expungement options if convicted
Final Thoughts
The value of the stolen property plays a major role in determining the severity of theft charges in Minnesota. Whether you’re dealing with a minor shoplifting charge or a felony theft accusation, having a clear understanding of the legal classifications can help you take the right steps toward defending yourself.
If you’ve been charged with theft, don’t navigate the legal system alone. Contact Martine Law today to schedule a consultation and get the defense you deserve.