Theft charges in Minnesota can carry serious legal consequences, but not all theft crimes are treated the same under the law. The severity of a theft charge depends largely on the value of the stolen property and, in some cases, additional factors such as prior offenses or the nature of the crime. Theft can be categorized as a misdemeanor, gross misdemeanor, or felony, each with its penalties that can impact a person’s freedom, financial stability, and future opportunities.

At Brodin Legal, we understand that being charged with theft—whether a small-scale shoplifting incident or a larger property crime—can be overwhelming. Knowing the difference between misdemeanor and felony theft in Minnesota is crucial for understanding what you’re up against and how to build a strong legal defense.

Understanding Theft Laws in Minnesota

Under Minnesota Statutes Section 609.52, theft occurs when an individual intentionally takes, uses, transfers, or retains possession of someone else’s property without consent, with the intent to permanently deprive the owner of it. Theft crimes can include shoplifting, embezzlement, fraud, or stealing personal property. While the law is straightforward in defining theft, the classification of the crime—whether a misdemeanor or felony—is determined by the value of the stolen property and other aggravating factors.

Misdemeanor Theft in Minnesota

Misdemeanor theft is the least severe classification of theft in Minnesota, typically applying when the stolen property is valued at less than $500. While considered a lower-level offense, a misdemeanor theft conviction can still result in criminal penalties. If convicted, an individual could face up to 90 days in jail, a fine of up to $1,000, and potential restitution payments to the victim.

Many misdemeanor theft cases involve shoplifting small items, minor financial fraud, or taking another person’s belongings without permission. While some first-time offenders may be eligible for diversion programs, community service, or probation in lieu of jail time, a conviction will still create a criminal record that can affect employment and housing opportunities.

Gross Misdemeanor Theft: A Middle Ground

When the value of stolen property falls between $500 and $1,000, the charge is elevated to a gross misdemeanor, which carries heavier penalties than a standard misdemeanor but does not reach felony level. A conviction for gross misdemeanor theft in Minnesota can result in up to one year in jail and a fine of up to $3,000.

Gross misdemeanor theft often includes cases such as shoplifting high-value electronics, stealing cash from an employer, or taking an expensive bicycle. Even though it is not classified as a felony, a gross misdemeanor can still have long-term consequences, including a permanent criminal record that can hinder job prospects, especially for positions that involve financial transactions or security clearances.

Felony Theft in Minnesota: The Most Serious Offense

Felony theft applies when the stolen property is valued at more than $1,000, or when the crime involves aggravating factors such as stealing a firearm, controlled substances, or property from a vulnerable individual. Unlike misdemeanors, felony convictions can lead to prison time and a lifetime of legal and social consequences.

Minnesota law divides felony theft into different categories based on the value of the stolen property:

• If the stolen property is valued between $1,000 and $5,000, the individual may face up to five years in prison and a fine of up to $10,000.
• If the property is valued between $5,000 and $35,000, penalties increase to up to 10 years in prison and a fine of up to $20,000.
• If the property is valued at more than $35,000, the potential sentence is up to 20 years in prison with a fine of up to $100,000.

Certain types of theft automatically result in felony charges, regardless of value. Theft of a firearm, trade secrets, or property taken during a burglary will almost always result in felony prosecution. Additionally, individuals with prior theft convictions may face enhanced penalties, even if the new charge would normally be classified as a misdemeanor.

How Theft Charges Can Affect Your Future

Theft convictions can have long-term consequences that extend beyond jail time and fines. A criminal record can make it difficult to find employment, secure housing, or obtain professional licenses, especially for jobs that require trust and responsibility. Employers and landlords often conduct background checks, and theft convictions—especially felonies—can raise red flags that limit opportunities.

Additionally, felony convictions come with the loss of certain rights, such as the ability to own a firearm or vote while serving a sentence. The legal and social impact of a theft conviction can last for years, making it crucial to seek experienced legal representation if you are facing charges.

Defending Against Theft Charges in Minnesota

Whether a theft charge is classified as a misdemeanor or felony, it is possible to fight the charges with the right defense strategy. Common legal defenses include proving lack of intent, demonstrating that the accused had consent from the property owner, or challenging the accuracy of the valuation of the stolen property. In some cases, first-time offenders may qualify for reduced sentencing, diversion programs, or case dismissals if proper legal action is taken.

At Brodin Legal, we take a detailed approach to analyzing evidence, surveillance footage, witness statements, and law enforcement procedures to identify weaknesses in the prosecution’s case. We work diligently to negotiate reduced charges, minimize penalties, or fight for case dismissal when possible.

Can Theft Convictions Be Expunged?

For individuals with past theft convictions, expungement may offer an opportunity for a clean slate. In Minnesota, certain misdemeanor and gross misdemeanor theft convictions may be eligible for expungement after a period of time, provided the individual has maintained a clean record. Felony theft charges, however, are more difficult to expunge, though it may still be possible under specific circumstances.

If you are looking to clear a past theft conviction from your record, Brodin Legal can help determine your eligibility and guide you through the expungement process.

Facing Theft Charges? Take Action Now

Being charged with theft—whether a misdemeanor, gross misdemeanor, or felony—can have serious repercussions on your future. The legal consequences, financial penalties, and social stigma associated with a conviction make it critical to act quickly and secure experienced legal representation.

At Brodin Legal, we provide strategic and aggressive defense representation for individuals facing theft charges in Minnesota. If you or a loved one has been accused of theft, don’t navigate the legal system alone.