Been Caught Stealing

It depends on the state ... it's not "breaking and entering" because you had a key.

"Theft" is the likely charge, although it's called "burglary" in some places.

The misdemeanor versus felony charge is based on the value of the items in AZ, not the mode of entry.

From a lurker & lawyer . . .

It depends on how much the items you took were worth. The charge would likely be larceny, petit or grand depending on the value of the items. Generally, petit larceny is a misdemeanor (less than 1 year in jail, generally), while grand larceny is a felony (greater than a year, generally). In WV the dividing line is $1000.

Hope that helps!

WendyNYC said:

If I took some small items from a house where I had a key (not breaking and entering, but if I had access there), what would I be charged with? A misdemeanor? What kind of sentence might that entail?
Just to be clear, this is for a STORY.

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In a lot of states it would depend on your intent. If you enter a house or business, regardless of how (with or without a key), with the intention of committing ANY felony inside, then you're guilty of burglary in a lot of states. So (1) what was the character's intent when he/she went into the house, and (2) what were the small items stolen?

Often the theft of low-value items is a misdemeanor, while the theft of high-value ones is a felony. This is the difference between petit (petty) and grand larceny. So if the "small items" were valuable jewelry, and your character's intent when he/she entered the house was to take jewelry or any other high-value item, in many states he'd be guilty of burglary. Here's why: because he (1) entered the house without permission (having a key doesn't mean you have permission to enter whenever you want), and (2) when he entered he intended to steal something valuable enough to qualify as grand larceny (a felony). Larceny is just taking something; if someone leaves their Rolex on the table at a restaurant and you take it, that's larceny. A classic burglary is larceny PLUS entering someone's residence or business without permission with the intent to commit larceny. But technically, burglary is usually entering plus intent to commit a felony--any felony, not just larceny.

Note that he can intend to steal one thing and end up stealing another, and it could still be burglary, if the INTENDED theft would've constituted a felony. He could even intend a felony theft, go in, and leave without taking anything, and still be guilty of burglary--because the key is what his intent was when he entered the house. That's purely theoretical, since it's well-nigh impossible to prove what his intent was if he left without taking anything; I just mentioned it to illustrate what "burglary" is. It's not the actual theft itself but the intent plus the entry.

There is also a charge called unlawful entry. Key or not...how did you get the key, were you authorized to enter the house at the time of the theft...?

If you were legally in the house and just stole some items then petty theft or grand larceny depending on the value of the stolen items. I think in VA the line to cross was $1200.

You might try reading the laws for your state on a site like this one for Virginia. I've been pretty successful at finding what I've needed so far...but a law degree might help with the translation.

ETA: I'm not a lawyer...but I've used a few.

Your char committed theft (theft is not synonymous with burglary- b is entering or remaining with the intention of committing a crime). The level of crime in this theft depends on the value of goods. Say your state's level is $500 ($1,000 is also common, hence the term grand larceny) bumping the crime from an A misdo to a C felony. The max penalty is 1 yr for your garden variety A misdo but goes up to five years in most jursidictions for the C fel. However, your q is what will the char get... unless he's a 3-strikes out-ready offender, there is no way he's getting the max penalty. There will be a pre-sent report, presenting mitigating and aggravating factors, along with a social and work history. I'll bet a max of 30 days served, several months more hanging over his head for a first time felony theft. If the value is misdo, 3-10 days. This is highly setting-dependent, too. Are you in a city w/ overcrowded jails? (It's almost redundant to say overcrowded jails...but in some places, mandates are forcing early releases and no time served. There are alos diversion programs (in lieu of jail/prison) for some offenders- esp first timers and particular drug offenders.

And just to be clear, I want my stuff back.

Wendy, give Prawn back the leopard skin thong. C'mon.

Horseshoes said:

Wnedy, give Prawn back the leopard skin thong. C'mon.

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Ah HA! Prawn couldn't have stolen a leopard skin thong because it was ocelot! Case dismissed.

She was pretty smooth to be able to make off with the one I was wearing....

I knew 2 kids in high school who got probation only, one for breaking and entering (I don't know if he actually stole anything) and the other for stealing hood ornaments from cars. He was apparently a collector. This was late 70's and they were juveniles.

It all depends on the state.

At common law, regardless of whether or not you had a key, if you entered with the intent to commit a crime and used the slightest bit of force, including literally pushing an open door or even an INTERIOR door open, you could be found guilty of burglary.

However, one of those quirks of common law is that it had to be at night.

Regardless, you could be charged with Larceny which (i) requires a taking and (ii) carrying away (the slightest movement counts) (iii) the personal property of another (iv) without his consent (v) with the intent to deprive owner permanently of their property... although permanently doesn't really mean permanently

Remember, taking property in the belief that it is yours or that you have some right to it is NOT common law larceny. It can be other things, though.

However, if you got that key under false pretenses, you could be charged with exactly that; false pretenses.

Regardless, you're not off the hook just because someone gave you a key. You're not even off the hook if someone hands you the thing you're stealing from them.