Omaha Theft Attorney

Aggravating factors in theft crimes are specific elements or circumstances that can elevate the severity of the crime, potentially resulting in harsher penalties. These factors can affect how the crime is charged, prosecuted, and sentenced. 

Examples of aggravating factors can include: 

• Use of a weapon: Employing a weapon during the commission of theft can transform a simple theft into armed robbery, carrying significantly stiffer penalties.
• Physical harm or threat: Inflicting harm or threatening the victim during a theft can increase charges and penalties.
• Recidivism: Repeat offenders, or individuals with prior theft convictions, may face heightened charges and stricter sentencing.
• Vulnerable victim: Targeting vulnerable individuals, such as the elderly, children, or disabled persons, can result in aggravated charges.
• Organized crime connection: Involvement in theft as part of organized criminal activity or a syndicate can lead to more severe consequences.

Even if you did not steal the property, being caught in possession of stolen goods can still result in criminal charges. Our team of Omaha theft crime lawyers can help challenge the evidence and provide a strong defense against such allegations.

Theft Crime Penalties in Omaha

Penalties for theft crimes vary according to the severity of the crime. Misdemeanor theft is punishable by fines of up to $1,000 and imprisonment of up to a year. Class IV felonies can be charged when the property is valued between $1,500 and $5,000 and may be punishable by up to five years in prison and a $10,000 fine. 

Class III felonies are typically charged with property theft valued over $5,000. They carry potentially steeper prison time and penalties. Class II felonies include aggravated theft crimes such as robbery, which can be punishable by up to 50 years in prison, depending on the circumstances. 

Theft crime may also result in restitution for any damages or losses to the alleged victims of the offense. A conviction carries the stigma of dishonesty and deceit, which can profoundly impact employment status and future life opportunities. This could jeopardize career advancement, prospects for advanced education, and qualification for professional licenses. 

Besides legal penalties, a theft conviction can trigger severe collateral consequences far beyond the courtroom. It impacts personal lives by casting a long shadow over an individual's reputation and trustworthiness. Employers may be reluctant to hire individuals with theft charges on their record, and professional licensing boards may deny credentials which can stifle career aspirations. Understanding these ramifications is vital when standing accused, emphasizing the necessity of comprehensive legal defense to safeguard one's future.

Alternatives to Incarceration

Many first-time or low-level offenders may qualify for diversionary programs or alternative sentencing. These alternatives help clients avoid the harshest penalties.

Possible alternatives include:

• Pretrial Diversion – Completion of education, counseling, or community service in exchange for dismissed charges.
• Probation – Serving time under court supervision instead of in jail.
• Deferred Adjudication – A guilty plea is entered but withheld from the record if conditions are met.
• Restitution Agreements – Compensating the victim directly, which can help in negotiating a favorable plea deal.

An Omaha theft crime lawyer can explore these options and advocate for a resolution that limits the damage to your record and livelihood.

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