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Theft - An Overview

When a person is charged with theft, it usually means that he or she is suspected of the unlawful taking of property that belongs to another person with the intent permanently to deprive the rightful owner of that property. Theft includes the crimes commonly known as larceny, embezzlement, shoplifting, using false pretenses to obtain property, and identity theft. The exact charge will depend upon the circumstances that surround the alleged offense. A conviction of a theft charge can involve severe penalties, but there are many defenses available to a person who has been charged. If you have been charged with theft, or a theft-related crime, or if you know someone who has been charged, you need to contact an experienced criminal defense attorney. By contacting an attorney as soon as possible, you increase your chances of mounting a successful defense, or even of avoiding more serious charges that could be brought. An expert criminal defense attorney can start working on your defense as soon as you contact him or her.

What Is Theft?

Theft includes the unlawful acts of taking another person's property, appropriating property fraudulently, or defrauding a person of money, labor, or property by a false or fraudulent representation or pretense. Theft offenses typically include burglary, grand theft, petty theft, shoplifting, motor vehicle theft, joyriding, embezzlement, extortion, identity theft, fraud, car jacking, or computer access theft. What these offenses all have in common is the allegation that property has been taken without the consent of the owner. The offenses are distinguished by the value of the items taken (as in petty or grand theft), the location of the offense (as in shoplifting and burglary), how the theft is accomplished (as in fraud), the victim's location (as in robbery or car jacking), the victim's relationship to the offender (as in embezzlement), or the item stolen (as in auto theft).

Under some circumstances, a person may be arrested for theft even though he or she never intended to steal. For example, many people have been charged with shoplifting when they have put an item in their pocket or purse, fully intending to pay for it, but forgetting before leaving the store. A theft conviction can have far-reaching ramifications, including denial of employment or professional licenses. A criminal defense attorney with experience in handling theft cases will understand your situation and your need for confidentiality and can help you resolve the matter.

Misdemeanor or Felony

Many theft-related offenses can be charged as either misdemeanors or felonies, depending on the circumstances surrounding the theft and the value of the property taken. Each state has different laws and statutes that provide for different definitions of crimes, and that provide different penalties for those crimes. A prosecutor may even charge both a felony and a misdemeanor. For example, a robbery, which is a theft by use of force, is frequently a felony and a very serious charge; however, the state may also charge a lesser theft charge in case the felony cannot be proven. If contacted at an early stage of the case, an experienced criminal defense attorney may be able to get a more severe charge dropped.

Whether an act is charged as a misdemeanor or a felony in your case may also depend on whether you have any prior convictions. For example, in many states, each conviction for shoplifting raises the grading of each subsequent shoplifting offense. In those states, a first-time offender may be charged with only a misdemeanor, but a similar subsequent offense could be a felony.

Prosecution and Defenses

The police may arrest you for theft if they have probable cause to believe you committed the crime. The elements of the crime that the prosecution must prove vary widely by state and by the type of theft alleged. If you are accused of theft, it is crucial that you seek the services of an experienced defense attorney who knows the laws of your state as soon as possible.

The prosecutor must prove beyond a reasonable doubt that the defendant committed a theft. The available defenses vary from crime to crime and jurisdiction to jurisdiction, but may include lack of intent because the defendant was not aware that the property belonged to someone else or reasonably believed that he or she was entitled to the property. In many cases, there may be mitigating circumstances that will reduce or even eliminate your criminal guilt. A criminal defense attorney will help you reach an appropriate resolution to theft charges, exploring all options and using them to your advantage while protecting your rights.

Conclusion

Theft laws can bring very severe penalties that can change your life forever. If you are facing theft charges, you need the aggressive defense that an experienced criminal defense firm will provide.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.