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I was charged with a class 5 felony for theft. This is my first offense. Will i go to jail? The amount was $3,267.

Tempe, AZ |
Attorney answers 3


When charged with a felony, jail is always an immediate concern. A class 5 felony carries a presumptive sentence of 1.5 years prison; however, probation is available. As a condition of probation the court court order up to 1 year in the county jail. A class 5 felony for theft is a serious charge and the punishment will depend on the specific circumstances surrounding the theft. There is a lot more at play than the type of charge and the amount alleged to have been stolen.


Jail and prison. It always a possibility. The court looks at multiple factors in making a determination, such as the nature of the offense itself, the motive, the victim's position and your criminal history. You need a criminal attorney to help you navigate through this problem. Feel free to call for a consultation to discuss the matter further.


Hiring experienced counsel may make a difference in your case. Another factor would be your payment of the restitution in this matter up front (the $3267). Is that a possibility? If not, it should be - start getting the money together on the restitution NOW.

Since you don't have a felony history, probation is the most likely outcome, BUT up to 12 months of jail is available to a sentencing judge on any felony conviction.

An experienced attorney would also try to negotiate a Class 6 open designated offense in a case such as yours. Reducing the crime from a Class 5 to a Class 6 open would allow you to earn a misdemeanor at the end of your probation term, IF you have complied with the probation terms AND paid back any and all restitution and/or fines. Again, having the money, up front, to pay the restitution could make your attorney's job easier in the negotiations with the prosecutor.

Please feel free to contact me through my web link below if you have any further questions, or if I can assist you further.