Little Rock Theft Lawyer

We Fight Theft Charges in Little Rock, Arkansas 

Did you know that a theft allegation involving merchandise worth less than $1,000 can result in a Class A misdemeanor charge in Arkansas? And if you get two in a row, you’re looking at a Class D felony. Now, what started out as a low-level shoplifting charge has turned into a full-blown felony case. And that’s just theft of property – there are over twenty theft-related statues prosecutors use to sentence alleged defendants.  

How Ludwig Law Firm Approaches Theft Cases 

At Ludwig Law Firm, we understand that a theft case is rarely as simple as an accusation that someone “took something.” The prosecution absolutely must prove each element of the alleged offense, including identity, intent, knowledge, ownership, and property value. We examine those elements closely and use them to build a complete and air-tight defense for the alleged thief.  

Challenge Intent and Knowledge 

In Arkansas, the prosecutor must prove intent beyond a reasonable doubt.  

We challenge intent by proving possession of the item by mistake, misunderstanding, or borrowing. We also look at whether there was an ownership dispute, or whether or not the transaction appeared legitimate. In theft-by-receiving cases, the central dispute may be whether the accused knew or had good reason to believe that the property was stolen. 

Investigate Property Valuation 

Property value can determine whether an allegation is charged as a misdemeanor or felony. We examine receipts, depreciation, condition, comparable sales, expert opinions, photographs, and other evidence that may affect the alleged value. 

Examine Searches, Stops, and Seizures 

Some theft cases begin with a vehicle stop, retail detention, warrant execution, phone search, or police interrogation. When law enforcement violates constitutional protections, Ludwig Law Firm may pursue a motion to suppress the resulting evidence. 

Prepare Every Case for Trial 

We do not build a defense around the assumption that a client will plead guilty. 

We prepare every theft case as though it may be presented to a judge or jury. That preparation strengthens our ability to expose weaknesses, file meaningful motions, negotiate from a position of strength, and proceed to trial when necessary. 

Quick Overview of Arkansas Theft Statutes

Most theft cases that our theft crime attorneys see – from Walmart shoplifting charges to theft of firearms – are covered by theft of property, theft by receiving, and theft of services. However, there are other statutes as well, including theft of property lost, mislaid, or delivered by mistake, theft of a trade secret, and operating a chop shop. These laws cover a wide variety of situations, including which some may consider “white collar crimes.”  

Theft of Property

Arkansas Code § 5-36-103 generally addresses allegations that a person knowingly: 

• Takes or exercises unauthorized control over another person’s property with the purpose of depriving the owner of it; or 

• Obtains another person’s property by deception or threat with the purpose of depriving the owner of it. 

The statute covers far more than conventional shoplifting. Depending on the allegations, theft-of-property cases may involve vehicles, money, merchandise, business assets, equipment, electronic transactions, entrusted property, or disputed ownership. 

A prosecutor must still prove the required mental state. Accidentally leaving a store with merchandise, mistakenly taking another person’s property, or exercising control under a genuine belief of ownership is not automatically theft.  

Theft of Property Involving Shoplifting and Retail Theft 

Retail cases commonly rely on surveillance footage, receipts, inventory records, electronic article-surveillance alerts, and statements from loss-prevention employees.  

Potential defense issues include: 

• Whether the accused intended to leave without paying 

• Whether the merchandise was concealed 

• Whether an item was accidentally overlooked 

• Whether the person shown in the video was correctly identified 

• Whether store employees accurately documented the incident 

• Whether the detention or search was lawful 

Theft by Receiving 

Arkansas Code § 5-36-106 applies when someone receives, retains, or disposes of stolen property while knowing it was stolen or having good reason to believe it was stolen. 

A person does not have to participate in the original theft to face this charge. However, mere proximity to stolen property does not necessarily prove knowing possession. 

Theft of Services 

Theft-of-services cases can involve allegations concerning utilities, lodging, transportation, telecommunications, labor, equipment rental, or other services. 

Some cases arise from billing disagreements, contract disputes, payment failures, or misunderstandings that should not be treated as criminal conduct. 

Theft of Property Lost, Mislaid, or Delivered by Mistake 

Arkansas Code § 5-36-105 applies when someone keeps or disposes of property they know was lost, misplaced, or mistakenly delivered instead of taking reasonable steps to return it to the rightful owner. 

A person can face this charge even if they did not steal the property originally. However, simply finding or receiving property by mistake is not a crime unless the person intentionally keeps it while failing to make a reasonable effort to restore it to its owner. 

Theft of a Trade Secret 

Arkansas Code § 5-36-107 applies when someone intentionally obtains, discloses, or copies a trade secret without authorization for the purpose of depriving the owner of control over that confidential information. 

A person does not have to profit from the trade secret to face this charge. However, possessing or accessing confidential information alone does not necessarily establish theft unless it was obtained, disclosed, or copied without authority and with the required criminal intent. 

Operating a Chop Shop/Dealing in Stolen or Forged Motor Vehicle Parts 

Arkansas Code § 5-36-108 applies when someone knowingly owns, operates, or participates in a chop shop or alters a vehicle identification number (VIN) to conceal the identity of a motor vehicle or its parts. 

A person does not have to steal the vehicle to face this charge. However, simply possessing a vehicle with a modified VIN does not necessarily prove involvement in operating a chop shop unless the required knowledge and criminal intent can be established.  

Theft of Scrap Metal/Theft By Receiving of Scrap Metal 

Arkansas Code § 5-36-123 and § 5-36-124 (receiving) applies when someone steals scrap metal, including materials such as copper, aluminum, or utility wire, with penalties that increase based on the value of the property and the type of metal taken. As random as this sounds, we have taken cases involving this alleged charge in the past.  

A conviction requires proof of theft, not simply possession of scrap metal. However, charges can become significantly more serious when the property involves utility equipment, construction materials, emergency infrastructure, or when the theft causes substantial property damage or service interruptions. 

A Note on Theft By Deception 

In the language of the theft of property and theft of services statutes, there is a concept known as theft by deception. This concept is when someone intentionally obtains another person’s property by creating or reinforcing a false impression, making a false promise they never intended to keep, or otherwise using deception.  

A person does not commit theft by deception simply because a business deal falls through, a payment is late, or a contract is breached. Prosecutors must prove the defendant acted with the intent to deceive, not merely that a misunderstanding or civil dispute occurred. 

Arkansas Theft Classifications and Potential Sentences 

Charge classifications of theft crimes generally depend on the value and type of property, the circumstances of the alleged offense, and the accused person’s prior record. The following table represents the standard, base ranges and penalties for each classification:  

Escalating factors include threat to human life and the dangerous nature of the item.

Arkansas’s general sentencing statute authorizes up to one year for a Class A misdemeanor, up to six years for a Class D felony, three to ten years for a Class C felony, and five to twenty years for a Class B felony.  

A Prior Theft Conviction Can Elevate a New Charge 

A new allegation involving property valued at $1,000 or less would ordinarily fall within the Class A misdemeanor range. However, the Theft of Property statute (AR Code § 5-36-103 (b)(3)(J)) allows the offense to be classified as a Class D felony when the accused has a previous theft conviction of any classification within 10 years of the current alleged offense. That means a relatively low-valueshoplifting allegation can carry felony exposure if it is a subsequent charge.  

This is the perfect example of why it is important to tell your attorney about all your prior theft charges, including cases from other counties or states. A lawyer needs the complete history to evaluate possible enhancements and develop an informed defense.  

Potential Defenses to an Arkansas Theft Charge 

Every theft case is different, and the prosecution must prove each element of the offense beyond a reasonable doubt. Depending on the facts, several legal defenses may be available to challenge the allegations, reduce the charges, or seek a dismissal.

Lack of Criminal Intent 

A mistake, oversight, misunderstanding, or good-faith belief in ownership may undermine the required mental state. 

Permission or Authority 

The accused may have received permission to possess, use, borrow, sell, or dispose of the property. 

Mistaken Identity 

Surveillance footage may be unclear. Witnesses may make assumptions based on clothing, vehicle descriptions, social-mediaphotographs, or limited observations. 

Lack of Possession 

The fact that stolen property was found in a shared vehicle, home, hotel room, or workplace does not automatically establish that every person present knowingly possessed it. 

Insufficient Evidence 

The State must prove every element beyond a reasonable doubt. Suspicion, proximity, association, or inconsistent statements may not be enough. 

Unlawful Search or Seizure 

Evidence discovered through an unconstitutional stop, detention, search, warrant, or interrogation may be subject to suppression. 

Disputed Property Value 

Reducing the alleged value may lower the charge from one felony class to another or from a felony to a misdemeanor. 

Ownership Dispute 

Business partners, former romantic partners, relatives, roommates, and co-owners sometimes make criminal accusations during civil disputes. Documentation may show that the accused owned the property or reasonably believed they had authority over it. 

What Happens After an Arkansas Theft Arrest? 

After a theft arrest in Arkansas, the criminal process moves quickly, making early decisions critical to the outcome of your case. Understanding what to expect at each stage can help you protect your rights and avoid mistakes that could affect your defense.

Arrest or Citation 

The case may begin with an arrest, citation, store detention, traffic stop, warrant, or request to appear for questioning. 

Do not try to explain the situation to police without legal counsel. Statements intended to clear up a misunderstanding can later be used by the prosecution. 

First Appearance or Arraignment 

The court advises the accused of the charge, addresses bond and release conditions, and schedules future proceedings. 

Discovery and Investigation 

The defense may obtain police reports, videos, photographs, receipts, witness statements, body-camera footage, property records, search-warrant documents, and digital evidence. 

Pretrial Motions 

Depending on the facts, the defense may challenge a search, statement, identification procedure, evidentiary issue, or property valuation. 

Negotiation or Alternative Resolution 

Some cases may be resolved through dismissal, charge reduction, restitution, diversion, probation, or a suspended imposition of sentence. Availability depends on the charge, history, evidence, prosecutor, court, and jurisdiction. 

Trial 

When the case cannot be resolved appropriately, the State must prove every required element beyond a reasonable doubt. 

Consequences Beyond Jail or Prison 

A theft conviction may affect: 

• Employment and promotions 

• Professional and occupational licenses 

• Housing applications 

• Educational opportunities 

• Security clearances 

• Immigration status 

• Firearm rights following a felony conviction 

• Voting and other civil rights following a felony conviction 

• Personal and professional reputation 

Immigration consequences are especially fact-dependent. Noncitizens should obtain advice from a qualified immigration lawyer in addition to criminal defense counsel before entering any plea. 

Frequently Asked Questions 

Can I Be Charged Even If I Did Not Commit the Original Theft? 

Yes. Theft by receiving applies to certain conduct involving property stolen by someone else. The State must still prove knowing receipt, retention, or disposal of the stolen property. 

Is Shoplifting Under $1,000 Always a Misdemeanor? 

No. Although theft involving $1,000 or less is generally a Class A misdemeanor, a qualifying theft conviction within the preceding 10 years can elevate a new allegation to a Class D felony. 

Can the Store Drop the Charge? 

The prosecutor, not the store, controls the criminal prosecution. A store representative’s position may influence the case, but it does not automatically require dismissal. 

Will I Go to Jail for a First Theft Charge? 

Not necessarily. The outcome depends on the classification, evidence, criminal history, restitution issues, available programs, prosecutor, and court. 

Should I Pay Restitution Before Court? 

Speak with your attorney first. Restitution can sometimes assist negotiations, but an uncoordinated payment or communication may be interpreted as an admission. 

Can a Theft Record Be Sealed? 

Some Arkansas theft cases may become eligible for record sealing. Eligibility depends on the disposition, offense, sentence, prior history, and current Arkansas law. 

Should I Speak to a Detective or Loss-Prevention Officer? 

You have the right to remain silent and request an attorney. Politely state that you do not want to answer questions without counsel present. 

Why Choose Ludwig Law Firm? 

Ludwig Law Firm represents people facing misdemeanor and felony criminal charges throughout Arkansas. 

We examine the State’s evidence, investigate competing explanations, challenge unsupported property values, litigate constitutional violations, and prepare every case as though it may go to trial. 

We fight to protect your freedom, record, and future. 

Contact a Theft Defense Lawyer in Little Rock, Arkansas 

A theft allegation can become more serious than it initially appears, particularly when the accused has a prior theft conviction or the State disputes the value or type of property. 

Contact Ludwig Law Firm as early as possible so the defense can preserve video, obtain records, identify witnesses, and prevent avoidable statements. 

We Simply Win. 

Ludwig Law Firm 
Phone: 501-868-7500 
Website: ludwiglawfirm.com 
Service Area: Little Rock and communities throughout Arkansas 

Legal Disclaimer 

The information provided on this page is for general informational purposes only and is not intended as legal advice. Reading this page or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information on this page without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.