Theft vs. Robbery and the $1,000 Felony Line
BY MN CRIME STAFF
"Theft" and "Robbery" are often used interchangeably in casual conversation, but in Minnesota courts, they are distinct crimes with very different sentencing guidelines.
Robbery = Use of Force
Robbery is a crime against a person.
Simple Robbery: Taking property from a person using force or threat of force. No weapon is required. (Max: 10 years).
Aggravated Robbery (first-degree): Robbery while armed with a dangerous weapon or inflicting bodily harm. (Max: 20 years).
Aggravated Robbery (second-degree): Robbery while implying possession of a weapon (e.g., hand in pocket). (Max: 15 years).
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Theft = Taking of Property
Theft is a crime against property. Without force or threat, the severity of the charge depends entirely on the value of what was stolen.
Misdemeanor Theft: Value is $500 or less.
Gross Misdemeanor Theft: Value is between $501 and $1,000.
Felony Theft: Value exceeds $1,000.
The "Aggregation" Rule
Minnesota law allows prosecutors to "aggregate" (combine) the value of thefts committed within a six-month period.
Example: If a suspect shoplifts $400 of goods from Target on Monday and $700 from Walmart on Friday, they can be charged with one count of felony theft ($1,100 total) rather than two separate misdemeanors.
While the terms are often swapped in daily conversation, the legal reality is stark: robbery is a violent crime against a person, while theft is a crime against assets. A simple shoplifting incident generally remains a misdemeanor, but the moment force is used—or merely implied—the charge escalates to a felony robbery with potential prison time.
The state's ability to "aggregate" six months of smaller thefts means that habitual offenders can easily cross the $1,000 felony threshold, which can turn a string of relatively minor offenses into a serious criminal record.
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