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Theft Charges


Theft is referred to as a property crime and is taken very seriously by Oregon prosecutors. 

Penalties for a theft conviction can vary widely depending on the value, the victim and specific circumstances. Theft charges can often be dismissed through a civil compromise settlement.

Hit & Run Charges

Theft Charges in Oregon

Theft I is any theft of property or services with a value of $1,000.00 or greater.  Theft I is a class C felony in Oregon and can carry a maximum of five years in state prison and a fines as high as $125,000.

Theft II is any theft of property or services with a value of $100.01-$1,000.00. Theft II is considered a Class A Misdemeanor and can carry up to 364 days in jail, fines as high as $6,250.00 and probation for up to 5 years.

Theft III is any theft of property or services with a value up to $100.00. Theft III is considered a Class C Misdemeanor and can carry a maximum 30 days in jail, fines as high as $1,250.00 and probation for up to 5 years.

Aggravated Theft I is any theft of property or services with a value of $10,000 or more.  Aggravated Theft I is a class B felony and can carry a maximum of 10 years in state prison and fines as high as $250,000. If the victim of the theft was age 65 or older at the time of the offense, Oregon law requires a prison sentence of at least 16 months.

Do not assume that your case is just a minor “shoplifting” or “petty theft.” Even on first offense cases with a low money value, the Police will frequently arrest you and the Prosecutor will seek jail time.

Oregon law enforcement works closely with local retailers and responds quickly to alleged thefts. Many big box stores such as Kohls, Home Depot, Fred Meyer and Craft Warehouse have “Loss Prevention” teams that conduct extensive surveillance while you are shopping. You are often being recorded on video the entire time you are in the store.

Penalties for a theft conviction can vary widely depending on the value, the victim and specific circumstances. Theft charges can often be dismissed through a civil compromise settlement.

Strategies to Avoid Conviction

There are many tactics we can use to reduce your penalties or avoid conviction for a theft charge. 

Deferred Sentencing

In some Theft cases we can negotiate a deferred sentence.

A deferred sentence gives you an opportunity to complete a series of requirements such as obeying all laws, performing community service and/or paying a fine within a set period of time. If you successfully complete all these requirements and stay out of trouble, the Judge may dismiss the charges.  If, however, you do not complete the requirements, the court will convict and sentence you accordingly.

Reduction to Violation

Depending on the facts of your case, we may be able to negotiate a reduction of your criminal charge to a Theft violation. Reduction to a violation helps you avoid criminal history and many of the harsh penalties that go along with a criminal conviction.

Civil Compromise

In many theft cases, we will attempt to negotiate a money settlement with the victim of the crime.  If successful we can file a motion with the court to dismiss the criminal charge.  Warning: Contacting the victim of a crime can be a violation of your release agreement and you can be charged with contempt of court.  We can properly contact a victim and negotiate a civil compromise on your behalf.

Jury Trial

Every person charged of a crime has the right to a jury trial. At a jury trial, the prosecutor must prove each element of the crime beyond a reasonable doubt. We will work to place doubt in the minds of the jurors and undercut the prosecution’s case. When you are found not guilty at a jury trial, the charge can never be used against you.

Plea Negotiations

Most prosecutors will seek jail time and high fines and fees on any theft offense. Even if you were caught “red handed,” Erik Nicholson will work tirelessly to negotiate a significant reduction of penalties and fees in your theft case. This includes avoiding jail altogether and lowering fines and other penalties as much as possible.


Erik Nicholson has been defending the people of Oregon for 14 years. When it comes to theft charges, there are a lot of variables that can impact a case. Erik has experience navigating criminal cases of all kinds and is confident that he can help you acheive the best possible outcome for your unique scenario.