Theft becomes a felony once the value of the stolen property crosses your state’s felony threshold, and that line runs from as low as $200 in New Jersey to $2,500 in Texas and Wisconsin. The exact number matters, but it is not the whole story. Prior theft convictions can turn a small-dollar offense into a felony on their own, and certain kinds of property — firearms most notably — are felonies to steal no matter what they are worth.
How Courts Measure What the Property Was Worth
The value that counts is what the property was worth at the moment it was taken, not what the owner paid for it. Courts use fair market value: what a reasonable buyer would pay a reasonable seller for the item in its current condition. Prosecutors prove that number through price tags, comparable sales, or appraiser testimony.
When an item has no clear market price, courts fall back on replacement cost. Defense attorneys routinely push back on valuations by pointing to depreciation, wear, or damage. In borderline cases this can decide whether the charge is a misdemeanor or a felony. A used laptop that retailed for $1,000 two years ago may have a fair market value well below the state’s threshold, and that argument is often worth making.
State Thresholds: The Low End
New Jersey has one of the strictest felony theft lines in the country. Taking property worth $200 qualifies as a fourth-degree crime, which is New Jersey’s equivalent of a felony.1Justia. New Jersey Code 2C:20-2 – Consolidation of Theft and Computer Criminal Activity Offenses – Section: Grading of Theft Offenses2Justia. New Jersey Revised Statutes 2C:43-6 – Sentence of Imprisonment for Crime3Justia. New Jersey Revised Statutes 2C:43-3 – Fines and Restitutions
Illinois escalates quickly too. Stealing property worth more than $500 is a Class 3 felony, and stealing directly from someone’s person — a purse snatching, a phone grab — hits that same Class 3 level even if the item is worth less than $500.4FindLaw. Illinois Code 720 ILCS 5/16-1 – Theft A Class 3 felony carries two to five years in the Department of Corrections.5Illinois General Assembly. 730 ILCS 5/5-4.5-40 – Class 3 Felony A single smartphone lifted from a counter can produce the same felony classification as thousands of dollars of shelved merchandise.
State Thresholds: The High End
Texas does not treat theft as a felony until the property value reaches $2,500, at which point it becomes a state jail felony. Below that amount, theft is a misdemeanor capped at one year in county jail. Texas then breaks felony theft into escalating tiers: third-degree at $30,000, second-degree at $150,000, and first-degree at $300,000.6State of Texas. Texas Penal Code 31.03 – Theft
Wisconsin draws its felony line at the same $2,500 mark. Theft below that is a Class A misdemeanor, capped at nine months in jail and a $10,000 fine.7Wisconsin State Legislature. Wisconsin Code 943.20 – Theft8Wisconsin State Legislature. Wisconsin Statutes 939.51 – Classification of Misdemeanors Cross $2,500 and the charge becomes a Class I felony, which carries up to three and a half years of imprisonment.9Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies The gap between states is striking: property worth $2,400 in Texas is a misdemeanor, while property worth $200 in New Jersey is already a felony.
When Priors Turn a Small Theft Into a Felony
A high felony threshold does not protect repeat offenders. Many states let prosecutors charge theft as a felony based on criminal history alone, even when the current offense would otherwise be a misdemeanor. People get blindsided by this because they assume the dollar amount is all that matters.
Texas is a sharp example. The standard felony line is $2,500, but with two or more prior theft convictions of any kind, stealing property of any amount becomes a state jail felony.6State of Texas. Texas Penal Code 31.03 – Theft A third shoplifting arrest involving a $50 item carries the same classification as a first offense involving $2,500. Other states follow similar patterns:
- Kansas: theft of property worth as little as $50 becomes a felony with two or more prior theft convictions.
- Minnesota: theft over $500 jumps to a five-year felony with a prior gross misdemeanor or felony theft conviction.
- Utah: theft of $500 to $1,499 becomes a third-degree felony with one prior felony or two prior misdemeanor theft convictions within the past ten years.
- Missouri: a fourth stealing offense within ten years is automatically a felony.
- Wyoming: five or more theft convictions of any level triggers a ten-year felony sentence.
Repeat misdemeanor theft convictions are not just stacking small penalties. They are building a record that can convert a minor future offense into years in prison.
When the Type of Property Makes It an Automatic Felony
Certain stolen property triggers felony charges regardless of market value. The dollar threshold simply does not apply.
Firearms are the clearest case. Ohio classifies theft of any firearm as grand theft, a third-degree felony, regardless of the weapon’s value. Stealing a firearm from a federally licensed dealer escalates to a first-degree felony.10Ohio Legislative Service Commission. Ohio Revised Code 2913.02 – Theft Texas treats firearm theft as a state jail felony regardless of the gun’s value.6State of Texas. Texas Penal Code 31.03 – Theft Many other states have comparable provisions.
Motor vehicle theft often bypasses dollar thresholds as well. Some states have standalone auto theft statutes that classify the offense as a felony by definition. Others fold vehicle theft into the general theft statute and let the vehicle’s value grade the offense, and since most cars exceed even the highest state thresholds, the practical result is the same. Texas also treats theft of catalytic converters, livestock, and controlled substances stolen from pharmacies as automatic felonies under separate provisions of its theft statute.6State of Texas. Texas Penal Code 31.03 – Theft
When Small Thefts Get Added Together
Keeping each individual theft under the felony threshold does not guarantee misdemeanor treatment. Prosecutors can aggregate the value of multiple thefts into a single charge when the incidents are connected, whether that means part of the same plan, directed at the same victim, or committed over a defined period. This is how an employee who skims small amounts of cash over months, or a shoplifter who makes repeated trips to the same store, ends up with a felony despite never taking enough in one incident to qualify.
California spells this out. The state allows prosecutors to combine the value of separate thefts into a single grand theft count when the acts share “one intention, one general impulse, and one plan.” Evidence that supports aggregation includes similar methods, the same defendant, and acts occurring within a 90-day window.11California Legislative Information. California Penal Code PEN 487 – Grand Theft For employee theft specifically, California aggregates over any 12 consecutive months. Once the combined total exceeds $950, the charge becomes grand theft.
Time windows vary. Florida allows aggregation of retail theft over a 30-day period when the acts are part of a coordinated scheme. Other states leave the time frame open-ended and require only that prosecutors show a continuing course of conduct. The surveillance footage and transaction records retailers now routinely maintain have made these cases much easier to build.
What a Felony Theft Conviction Costs You After the Sentence
The prison sentence is the beginning, not the end. A felony theft conviction creates legal disabilities that persist long after release.
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That covers virtually every felony theft conviction in every state. The ban is permanent unless the conviction is expunged or the person receives a presidential or gubernatorial pardon, and violating it is a separate federal felony.
Voting rights vary. Only Maine, Vermont, and the District of Columbia allow incarcerated people to vote. About 23 states automatically restore voting rights on release from prison, another 15 require completion of parole or probation before restoration, and the rest impose indefinite restrictions or require a governor’s pardon for certain offenses.13National Conference of State Legislatures. Felon Voting Rights
Employment and licensing take a heavy hit. Employers read theft convictions as a breach of trust, and positions in healthcare, education, finance, and any role involving money or sensitive information become hard to obtain. State licensing boards for nurses, teachers, and other professionals treat theft convictions as disqualifying, sometimes permanently.
Restitution runs on top of any fine. Federal law authorizes judges to order restitution equal to the value of the stolen property at the time of the offense or at sentencing, whichever is greater, plus the victim’s related expenses like lost income and costs of participating in the prosecution.14Office of the Law Revision Counsel. 18 USC 3663 – Order of Restitution Most states have parallel statutes, and many make restitution mandatory rather than discretionary. Paying it in full does not block the victim from suing separately for civil damages; the restitution amount just gets credited against whatever the civil court awards.