Felony property crimes are unique in that if a person has the right mix of criminal history, a property criminal may qualify for mandatory minimum sentences for subsequent crimes. For example, someone facing a charge of Theft in the First Degree would ordinarily be looking at optional probation. However, if that person has a prior conviction for Theft in the First Degree, that person then goes from 18 months of probation to 13 months of prison! And that 13 months is a minimum sentence, meaning that the defendant will spend every day of 13 months in prison before they can be considered for release.

Another aspect of property crime that can enhance a sentence is the dollar value of the damage or conversion of property. For example, Criminal Mischief is a misdemeanor if the dollar value is over $100.00. It is a felony if the dollar value is over $750.00! Felony Theft in the First Degree changes from a Class C Felony to a Class B Felony when the dollar value exceeds $10,000.00. A person climbs the Crime Seriousness scale of the Sentencing Guidelines as the dollar value increases.

If you face a charge relating to a property crime, you should seek the counsel of an experienced, knowledgeable criminal defense attorney. Your charge of property crime may qualify for civil compromise, but only a qualified, experienced attorney can advise you on this matter. It would be important to try to negotiate this matter earlier rather than later. Sometimes, a deputy district attorney will even agree not to bring charges at all if a civil compromise is affected. Of course, that is not always the case, but it is worth exploring the potential. Call an attorney at The CAPETTI GROUP Law Offices today so that we can discuss your specific matter today. There may be a better resolution to your situation than you realized.