Is Theft a Felony? Dollar Thresholds and Penalties by State (2026)

Yes, theft can be a felony — but whether it is depends on the dollar value of what was stolen and the state where it happened. Every U.S. state sets a felony theft threshold: steal property worth at or above that amount and the crime is a felony carrying potential prison time. Steal below that amount and it's a misdemeanor with a maximum of about a year in jail. The threshold ranges from $200 in New Jersey to $2,500 in Texas and Wisconsin, with a national average around $1,169. About 22 states set the line at $1,000. In addition, certain types of theft — firearm theft, motor vehicle theft, theft from a person, theft by extortion — are felonies at any dollar amount in most states. Prior theft convictions can also turn a misdemeanor into a felony. If you're facing theft charges, the dollar value and the specific circumstances determine everything — check your state in the table above and talk to a criminal defense lawyer.

Theft (also called larceny in many states) is the unauthorized taking of someone else's property with the intent to permanently deprive them of it. Modern criminal codes consolidate multiple traditional offenses under the umbrella of 'theft,' including: larceny (taking property from another), embezzlement (converting property lawfully possessed), false pretenses (obtaining property by deception), theft of services (using services without paying), receiving stolen property, shoplifting, and theft by extortion. The key elements are: (1) the defendant took, used, or exercised control over property; (2) the property belonged to another; (3) the defendant acted without the owner's consent; and (4) the defendant intended to permanently deprive the owner of the property or its value. The dollar value of the property or services taken determines whether the theft is a misdemeanor or felony. Value is typically assessed as the fair market value of the property at the time and place of the theft.

The fundamental dividing line in theft law is the dollar threshold. Below the threshold, the offense is called 'petit theft' or 'petty theft' (or 'petit larceny') and is a misdemeanor. At or above the threshold, it becomes 'grand theft' or 'grand larceny' and is a felony. The specific threshold varies dramatically by state. The most common threshold is $1,000 (about 22 states), followed by $1,500 (about 10 states), $750 (about 6 states), $2,000 (3 states), $2,500 (2 states: Texas and Wisconsin), $500 (2 states: Alabama and Illinois), $1,200 (2 states: Massachusetts and Nevada), $900 (Vermont), $950 (California), and $200 (New Jersey — the lowest, unchanged since 1978). Many states have raised their thresholds over the past two decades to account for inflation. Research from the Pew Charitable Trusts shows that raising felony theft thresholds does not increase property crime or larceny rates. States that raised thresholds between 2001 and 2011 saw property crime and larceny rates continue to fall in line with national trends.

Even if the value of stolen property is below the state's felony threshold, several aggravating factors can make the theft a felony: (1) Firearm theft — nearly every state makes stealing a gun a felony regardless of its value. This is the most universal aggravating factor. (2) Motor vehicle theft — many states treat stealing a car as a felony at any value, either through the general theft statute (e.g., Maryland, Pennsylvania) or through a separate statute (e.g., California's vehicle theft laws). (3) Theft from the person — pickpocketing, purse-snatching, or taking property directly from someone's body is a felony at any value in states including New York, Virginia, North Carolina, Idaho, Washington, and others. (4) Theft by extortion or blackmail — always a felony, typically classified as the highest-degree theft offense. (5) Theft of trade secrets, public records, or identification documents — felonies at any value in many states. (6) Livestock theft — a felony at any value in several western and southern states including Wyoming, South Dakota, Texas, and Oklahoma. (7) Prior theft convictions — most states elevate an otherwise-misdemeanor theft to a felony when the defendant has two or more prior theft convictions within a 5- to 10-year lookback period.

Most states allow prosecutors to aggregate (combine) the value of multiple thefts when they are part of a single scheme, course of conduct, or criminal episode. This means that several small thefts — each individually a misdemeanor — can be added together to exceed the felony threshold. For example, in Idaho, multiple thefts committed as part of a common scheme or plan are aggregated. In Wisconsin, the state supreme court ruled in State v. Lopez (2019) that multiple retail thefts can be aggregated into a single felony charge. In D.C., multiple thefts within a 6-month period can be combined. In Kansas, theft from three or more stores within 72 hours is aggregated to a felony. In Texas, thefts committed pursuant to one scheme can be aggregated. Aggregation rules vary by state, so the specific statute and case law must be consulted. The key principle is that the prosecution must show the thefts were connected — part of a single plan, scheme, or course of conduct — before they can be combined.

Theft of federal government property is prosecuted under 18 U.S.C. § 641, which makes it a crime to embezzle, steal, purloin, or knowingly convert any record, money, or thing of value of the United States or any federal department or agency. Under § 641, if the aggregate value of the stolen property is $1,000 or less, the maximum penalty is 1 year imprisonment (a misdemeanor). If the value exceeds $1,000, the maximum penalty is 10 years imprisonment (a felony). The $1,000 threshold was raised from $100 in 1996. Other federal theft statutes include: 18 U.S.C. § 659 (theft from interstate shipment — up to 10 years); 18 U.S.C. § 2113 (bank theft — up to 20 years if the theft involves assault or a dangerous weapon); 18 U.S.C. § 661 (theft within special maritime and territorial jurisdiction); 18 U.S.C. § 660 (theft of motor vehicle from interstate shipment); and 18 U.S.C. § 668 (theft of major artwork — up to 10 years). Federal mail theft is prosecuted under 18 U.S.C. § 1708. Federal theft cases are typically investigated by federal law enforcement agencies (FBI, USPS, etc.) and prosecuted by U.S. Attorneys.

Every state and the federal system requires or authorizes courts to order restitution — payment to the victim for the value of the stolen property or services. Restitution is typically a mandatory condition of probation, parole, or supervised release. In addition to restitution and the direct criminal penalty (jail or prison time and fines), a theft conviction carries collateral consequences that can last far beyond the sentence: (1) Employment — a theft conviction on a background check can disqualify you from many jobs, especially those involving money, inventory, or customer trust. (2) Professional licensing — many licensing boards (nursing, real estate, finance, law) can deny, suspend, or revoke licenses based on theft convictions. (3) Immigration — theft (especially felony theft or theft involving fraud) is considered a crime involving moral turpitude and can trigger deportation, inadmissibility, or denial of naturalization for non-citizens. An 'aggravated felony' conviction under immigration law (which includes theft with a sentence of 1 year or more) can result in mandatory deportation. (4) Firearm rights — a felony conviction results in loss of the right to possess firearms under federal law (18 U.S.C. § 922(g)). (5) Voting rights — in most states, felony conviction suspends voting rights during incarceration and, in some states, during parole or probation. (6) Housing — many landlords conduct background checks and may deny housing based on a theft conviction. (7) Jury service — felony convictions may disqualify you from serving on a jury. (8) Education — theft convictions can affect eligibility for federal student aid. A crime of moral turpitude (which theft generally is) can make a non-citizen inadmissible to the United States.

If you are charged with theft, take it seriously — even a misdemeanor theft conviction can have lifelong consequences. Here are the key steps: (1) Exercise your right to remain silent. Do not discuss the facts of your case with anyone except your attorney. Anything you say can and will be used against you. (2) Hire a criminal defense attorney licensed in your state immediately. If you cannot afford one, request a public defender at your first court appearance. (3) Do not contact the victim or any witnesses. This can lead to additional charges like witness tampering. (4) Gather and preserve evidence — receipts, bank statements, text messages, surveillance footage, witness contact information — that might support your defense. (5) Understand the charges against you. Your lawyer can explain the specific statute you're charged under, the dollar threshold that applies, whether the charge is a misdemeanor or felony, and the potential penalties. (6) Consider defenses: mistaken identity, lack of intent to permanently deprive, claim of right, consent, value below the felony threshold, and insufficient evidence are all potential defenses. (7) Explore diversion programs — many jurisdictions offer pretrial diversion, deferred adjudication, or theft education programs that can keep a conviction off your record, especially for first-time offenders. (8) If you have prior theft convictions, understand how they might affect your current charge — prior convictions can elevate a misdemeanor to a felony in most states. (9) If you are not a U.S. citizen, consult an immigration attorney — even a misdemeanor theft conviction can have immigration consequences. (10) This information is educational only and is not legal advice. Only a licensed attorney in your state can give you legal advice specific to your situation.