Theft: When Is Theft a Misdemeanor, and When Is It a Felony?

Quick Overview

The threshold of 10,000 Kč is therefore not sufficient on its own. When determining whether an act constitutes a misdemeanor or a felony theft, the manner in which the crime was committed and any prior convictions of the offender are also taken into account.

Are you trying to determine whether a specific theft constitutes a misdemeanor or a felony? Details such as the value of the item, the method of theft, or the offender’s prior convictions can make the difference. Describe your situation to us, and a criminal defense attorney will advise you on how to proceed.

Who Commits the Crime of Theft

Theft is governed by Section 205 of the Criminal Code. A person commits the crime of theft if they appropriate another person’s property by taking possession of it and , at the same time , fulfill at least one of the circumstances specified by law:

• Causes damage to another person’s property that is not negligible: Damage that is not negligible amounts to at least 10,000 crowns. Previously, the threshold was 5,000 crowns, but it was raised in 2020 to align the legislation with rising minimum and average wages.
• Commits the act by breaking and entering: Breaking and entering means unauthorized entry into a locked space (e.g., a house, apartment, or vehicle), which usually involves the use of force or trickery to overcome security measures.
• Immediately after the crime, the perpetrator attempts to retain the stolen property by using violence or threatening immediate violence: An example of this is a situation where a thief is caught in the act and, in order to escape, threatens the victim or a witness with violence, or even physically attacks them to retain the stolen items.
• Commits the act against an item that another person is wearing or carrying: This includes, for example, stealing a purse or phone from the victim’s hand. This type of theft is particularly invasive and often traumatic for the victim, as it involves a direct and personal violation of their personal space and safety.
• The act is committed in an area where an evacuation of people is taking place or has taken place: An evacuation may occur, for example, as a result of a natural disaster. In this case, the perpetrator exploits the resulting chaos or the fact that property has been left unattended. This behavior is viewed as particularly reprehensible because it takes advantage of a serious crisis situation in which people are vulnerable and unable to adequately protect their property.
• Has been convicted or punished for such an act within the last three years: As of January 1, 2026, this so-called “special recidivism” is directly one of the alternatives to the basic elements of the crime of theft. Therefore, a perpetrator who steals an item worth less than 10,000 CZK may still commit a crime if they meet the condition of a prior conviction or punishment.

“Property of another” refers to any tangible property owned by someone other than the perpetrator. It is important that the item be tangible—that is, something that can be physically grasped and moved. This includes a wide range of items such as money, personal property, merchandise in stores, vehicles, and the like. However, it cannot be real property. Therefore, for example, one cannot “steal” someone’s house (in this case, it constitutes a different type of crime, such as an unauthorized encroachment on the right to a house, apartment, or non-residential space).

When Is Theft a Misdemeanor and When Is It a Felony

Not every theft is automatically a criminal offense. If a perpetrator takes another person’s property but the elements of the crime of theft under the Criminal Code are not met, their actions may constitute a property-related misdemeanor under the Act on Certain Misdemeanors.

A typical example is the theft of an item worth less than 10,000 CZK, provided the offender does not, for example, break and enter, steal an item that another person is wearing or carrying, or meet other statutory conditions. Recidivism will also be a key factor starting in 2026: if the offender has been convicted or punished for such an act within the last three years, even theft of an item valued at less than 10,000 CZK may constitute a criminal offense. The distinction between a misdemeanor and a criminal offense therefore cannot be determined solely based on the value of the stolen property.

From a lawyer’s perspective:
People often focus solely on the value of the stolen item and automatically assume that theft under 10,000 CZK is always just a misdemeanor. However, this may not be the case. In a legal assessment, it is also necessary to examine the manner in which the theft was committed and the offender’s criminal history, if any.

Example: Theft of 2,000 CZK May Not Be a Misdemeanor

A man steals goods worth 2,000 Kč from a store. If no other legal circumstances are present, this may constitute a misdemeanor theft. However, if the perpetrator has been convicted or punished for a similar offense within the last three years, the same conduct may be classified as a criminal offense of theft under legislation effective as of 2026. Therefore, the value of the stolen item alone is not sufficient to distinguish between a misdemeanor and a criminal offense.

Are you facing charges of theft or a misdemeanor? Our attorneys will thoroughly review your case and assess your situation.

Is theft a misdemeanor or a felony?

The terms “misdemeanor” and “offense” should not be confused. A misdemeanor is not a criminal offense, whereas an offense is one of the categories of criminal offenses. The Criminal Code classifies criminal offenses into offenses and felonies.

The basic offense of theft, punishable by up to two years in prison, is a misdemeanor. Similarly, even a more serious form of theft can be a misdemeanor if the maximum sentence does not exceed five years. The most serious forms of theft, however, may constitute a felony.

Simply put: when distinguishing between a “misdemeanor” and a “crime,” we determine whether the act falls under criminal law at all. The terms “misdemeanor” and “felony,” on the other hand, distinguish the severity of an act that is already a criminal offense.

Penalties for Theft

The severity of the penalty varies depending on whether the offense is a misdemeanor or a felony.

Theft – Misdemeanor

In the case of a misdemeanor, the maximum fine is 50,000 crowns. However, if it is a repeat offense, a fine of up to 70,000 crowns may be imposed. At the same time, the offender may be subject to so-called restrictive measures.

These include a ban on visiting designated public places or venues where sports, cultural, and other social events, or an obligation to refrain from contact with a specific person or a defined group of people, or an obligation to undergo an appropriate program for managing aggression or violent behavior. These measures may be imposed for a maximum of one year.

Theft – a criminal offense

The crime of theft is punishable by imprisonment for up to two years, a ban on certain activities, or forfeiture of property.

Starting in 2026, the same base penalty will also apply to offenders who have been convicted or punished for such an offense within the past three years. Until the end of 2025, a separate sentencing range of six months to three years applied to this so-called “special recidivism”; however, an amendment to the Criminal Code repealed this provision as of January 1, 2026, and incorporated recidivism directly into the basic elements of the crime of theft.

The offender will receive a prison sentence of one to five years if their actions caused significant damage—that is, damage amounting to at least 100,000 crowns.

The offender will be sentenced to imprisonment for two to eight years if they acted as a member of an organized group or caused substantial damage through their actions—that is, damage amounting to at least one million crowns. This also applies if the offense was committed during a state of emergency, a state of war, a natural disaster, or any other event that seriously threatens human life or health, public order, or property.

The maximum sentence of 5 to 10 years’ imprisonment applies to a perpetrator who caused large-scale damage—that is, damage exceeding 10 million crowns—or who committed theft with the intent to enable or facilitate the commission of a terrorist act, the crime of financing terrorism, or the threat of a terrorist crime.

Theft, robbery, concealment of property, or embezzlement?

Theft is often confused with other criminal offenses. Specifically, these include robbery, concealment of property, and embezzlement. Let’s take a closer look at each of these offenses and explain exactly how they differ from theft.

Robbery

A person commits robbery if they use violence or threats of imminent violence against another person with the intent to take possession of another’s property. The use of violence or threats of violence is also possible in the case of theft. The difference, however, lies in the fact that in robbery, this violence or threat precedes the taking of another person’s property, whereas in theft, it may or may not occur only after the property has been taken.

Example of robbery: Jana is walking through the park in the evening, carrying her purse. Suddenly, a man approaches her, grabs her by the shoulder, and threatens to hit her if she doesn’t hand it over immediately. Jana immediately hands him the purse. This act is classified as robbery because the man used the threat of imminent violence to obtain the purse.

Example of theft: Jana is walking through the park one evening, carrying her purse. Unexpectedly, a man runs up to her, quickly snatches the purse from her hand, and runs away. Jana tries to stop him, but the man threatens to beat her up if she chases after him. In this case, it is theft because the man used the threat of violence only as a consequence of the theft that had already taken place.

Robbery carries stricter penalties than theft. Typical sentences range from two to 10 years of imprisonment. However, a prison sentence of up to fifteen years may be imposed if the robbery results in the death of a victim.

From our legal practice, we know that the line between theft and robbery can hinge on a seemingly minor detail: exactly when the perpetrator used violence or threatened to use violence. It is precisely the sequence of events that can therefore fundamentally influence the legal classification of the offense and the potential sentence.

Concealment of Property

A person commitsthe offense of misappropriation of property if they take possession of another person’s property of non-negligible value (i.e., with a value exceeding 10,000 crowns) that came into their possession through discovery, mistake, or otherwise without the consent of the rightful owner. It therefore differs from theft in the manner in which the perpetrator acquires the property—in this case, by finding it or by mistake, whereas theft involves a direct act of taking another person’s property.

Example of concealment of property: Jan is sitting on a bus and finds a phone on the seat next to him. He doesn’t tell anyone and decides to keep it. This conduct is classified as misappropriation of property because Jan found a lost item and decided not to return it to the owner, even though he had the opportunity to do so.

Example of theft: John is sitting on a bus and notices a phone sticking out of a fellow passenger’s pocket. He quickly takes it and hides it in his pocket. This action is classified as theft because Jan actively took someone else’s property with the intent to appropriate it without the owner’s knowledge or consent.

Concealment of property is, by its very nature, a less serious offense than theft and therefore carries milder penalties. The basic penalty is imprisonment for up to one year and a prohibition on certain activities. Stricter penalties may apply if the offender derives significant benefit from the act.

Embezzlement

Embezzlement is committed by anyone who appropriates another person’s property that has been entrusted to them, thereby causing damage to that property that is not negligible. It differs from theft in that, in this case, the property was entrusted to the offender with the owner’s knowledge and consent.

Example of embezzlement: Anna works as a librarian at a local library. She has access to rare books that are intended for reading only within the library and may not be borrowed to take home. One day, Anna takes one of these rare books home without telling anyone and decides to keep it in her personal collection. This action constitutes embezzlement because Anna had the legal authority to possess the book as a librarian but abused her position and the trust placed in her to appropriate the book for herself.

Example of theft: Anna visits the local library and notices a rare book lying on a table in the reading room that someone forgot to return to its proper place. Anna quickly hides the book in her bag and takes it home. This act constitutes theft because Anna took a book that did not belong to her without the library’s knowledge or consent.

Embezzlement is punished in virtually the same way as the crime of theft. The basic penalty is imprisonment for up to two years, a ban on certain activities, or forfeiture of property. The most severe penalty is set at 10 years’ imprisonment.

Summary

Theft can be classified either as a misdemeanor or as a felony. In the case of ordinary theft , the key threshold is damage amounting to at least 10,000 CZK; however, the value of the item itself is not always the deciding factor. Theft of a lower value may also constitute a criminal offense, for example, in cases of burglary, theft of an item the victim is carrying, or if the perpetrator has been convicted or punished for such an act within the last three years. As of 2026, recidivism has become one of the elements constituting the basic offense of theft. The basic offense of theft is a misdemeanor, while more serious forms may constitute a felony. Theft must also be distinguished from robbery, embezzlement, and concealment of property, as the differences between these acts lie in the means used and the method of obtaining another person’s property, with each act punishable differently under the law.