Theft of Property
In the state of Arkansas you can be charged with the offense of Theft of Property if you take or exercise control of another person’s property with the purpose of depriving that person of their property. The value of the property or services is the reasonable fair market value at the time the theft occurred, or the reasonable replacement value of the property shortly after the theft occurred.
$25,000 or more = Class B Felony, 5-20 years in the Arkansas Department of Corrections and up to a $15,000 fine or both,
$5,000- $25,000 = Class C Felony, 3-10 years in the Arkansas Department of Corrections and up to a $10,000 fine or both,
$1,000- $5,000 = Class D Felony, 0-6 years in the Arkansas Department of Corrections and up to a $10,000 fine or both,
< $1,000 ” Class A Misdemeanor, up to a year in the county jail and up to a $2,500 fine
In addition to the monetary amount, other factors could determine which felony classification a suspect is charged. There are various felony classifications for specific items such as a firearm valued at $2,500 (C felony), firearm under $2,500 (D felony), utility property of $500 (B felony), $200 of livestock (D felony), debit card or number (D felony), as well as several others.
Theft by receiving
Theft by receiving is a charge in Arkansas that tends to confuse many clients. You can be charged if you receive, retain, or dispose of stolen property of another person. All the prosecutor will have to show is that you either knew or should have known the property was stolen in order to get a conviction. Examples would be paying well below what the item is worth or not having a good explanation as to how you possess recently stolen property. The felony classifications for theft by receiving charges are largely controlled by value of the property similar to theft of property.
Theft of Services
When someone fraudulently obtains a service or absconds without paying for that service, you can be charged criminally in the state of Arkansas. Unlike other theft crimes, there’s no actual goods or property taken by the offender. The felony classification of the offense will largely mirror that of the theft of property statute above. Additionally, you could be charged with a B felony if you obtain the service by threat or the offense results in damage or contamination of a water pipe, line or utility property. A spill or dumping of a hazardous material stemming from the offense could lead to being charged with a B felony.
A court may also award high amounts of restitution beyond what you would typically see in a theft case. You could be stuck paying the cost of the services received, the cost of any repairs to utility property, the expense of investigation and more.
Shoplifting is the act of knowingly concealing an item for sale with intent to deprive the owner of that item without paying. The act of concealing an item creates a presumption under Arkansas law that you intended to steal the item. If an individual is suspected of shoplifting, it is not illegal for an officer or loss prevention employee to briefly detain the shopper to determine whether a crime has been committed.
Being caught shoplifting is embarrassing and potentially devastating to your career and reputation. You may also be banned from the business or even an entire chain. A shoplifting charge in Arkansas will typically bring a potential punishment of up to a year in jail and up to $2,500 in fines. If however the value of the items are more than $1,000 you could be facing felony charges and serious prison time.
Burglary refers to the unauthorized entering of a structure, with the intent to commit an additional crime. In Arkansas, burglary is designated as either commercial or residential. The difference between residential and commercial burglary is where the burglary took place. If it occurred in a residence, the charge would be a Class B Felony, which could lead to a punishment of between 5 and 20 years. If it occurred in a business, the charge would be a Class C Felony, which could lead to a punishment of between 3 and 10 years. It’s not uncommon to see a shoplifting charge increased to commercial burglary if the individual has been previously banned from the business.
A person commits robbery if with the purpose of committing a felony or misdemeanor theft, the person uses or threatens to use force on that person. Robbery is a class B felony unless the suspect uses or threatens to use a deadly weapon. The individual can then be charged with aggravated robbery whether he intends to cause serious injury or not. Aggravated robbery in the state of Arkansas is a class Y felony and can carry a potential life sentence. While a conviction for robbery would not make a defendant ineligible for record expungement under the Arkansas First Offender Act, a conviction for aggravated robbery will close that door.
Forgery is the act of forging a written instrument with the purpose to defraud another. Even if you are not the one who created the forged document, the mere possession of the document is enough for the charge if you have the requisite intent to defraud.
Forgery in Arkansas is divided into first and second degree felony charges. Forgery in the first degree involves an instrument that is a stock, bond, money, security, postage, or another instrument issues by a government. Forgery in the first degree is a class B felony. Forgery in the second degree could be a will, contract, check, credit card, or similar instrument and is a class C felony.
The Law Office of David L. Powell, PLC serves clients in Fort Smith, Van Buren, Greenwood, and throughout the state of Arkansas.