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Depends on the severity of the charge. In some states, if the value of the stolen item is in excess of $500 it's a felony. Other states, if it's over $1000 it's a felony. Anything under that it's a misdemeanor. Then, the prosecutor will take your criminal history + the severity of the current crime and present that to the judge with their recommendation for punishment. Then the judge takes all in to consideration and makes their decision.

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