What Are the Potential Penalties for Theft?

To be successfully prosecuted for theft, the accused must have taken someone else’s property without consent, meaning there was no prior authorization or permission. The law recognizes not only tangible, physical items like cash or jewelry but also services, utilities like electricity, and other intangible items as valid subjects of this specific type of property theft. In short, if you exercise unauthorized control over another's valuable property, the action fundamentally qualifies as an element of theft.

Legal responsibility for theft also fundamentally depends on the specific state of mind the accused possessed at the time of the alleged offense. The prosecution must prove two specific elements of intent to secure a conviction for theft.

• Intent to Deprive: The individual must have knowingly and intentionally taken the property with the purpose of permanently or temporarily keeping it from the owner.
• Unlawful Gain: There must be an intention to use or keep the item as one’s own, or to appropriate it, not just merely borrow it and return it later.

If someone took an item mistakenly, or genuinely believed they had permission or a rightful claim to the property, they might not meet the strict legal criteria for a conviction of theft.

Below is a summary of the most common theft categories and their corresponding potential punishments, highlighting the severity of theft convictions in the District of Columbia. The value of the stolen property is the primary factor determining whether the charge is a misdemeanor or a felony theft offense.

The presence of aggravating factors such as forced entry, the possession of a weapon, or involvement in an organized group of criminal activity can significantly result in more severe sentencing for a theft conviction. Additionally, theft attempts “even if ultimately unsuccessful” are also punishable under D.C. law, reinforcing the serious nature of the intent to commit theft.

While theft is definitively a criminal matter and not subject to full forgiveness by the victim, the prosecutor and judge will frequently consider whether the offender and victim have reached a formalized agreement or settlement. This is a critical factor in negotiating a favorable outcome in cases involving theft.

Here is a typical process for reaching a settlement in a theft case:

• Confirm Victim Identity: Use official and authorized channels through your attorney to request the victim’s contact information, as unauthorized contact may violate protective orders.
• Express Genuine Apology: A sincere, recorded or written apology demonstrates concrete responsibility and crucial remorse for the act of theft.
• Offer Full Restitution: Promptly return the stolen goods or pay their full market value; in specific cases, this may also include compensation for emotional damages resulting from the theft.
• Draft a Settlement Letter: Create a formal document stating that the victim does not wish to press charges or requests leniency for the defendant, which can be pivotal in a theft case.
• Submit to Prosecutor or Judge: During formal plea negotiations or the sentencing phase, present the formalized agreement for the court’s official consideration.

While this agreement does not automatically guarantee an end to the criminal prosecution for theft, it very often leads to a more favorable outcome such as probation, significantly reduced charges, or even case dismissal through a process like deferred adjudication.