Elements of Theft

Simply put, theft is taking someone else’s property with the intent to permanently deprive them of that property. It doesn’t include unintentionally depriving someone of property, such as failing to return a borrowed tool. To be theft, the thief must have intended to make the property their own.

The names “theft” and “larceny” are commonly treated as synonyms, and indeed some states have merged larceny with general theft statutes. However, others have opted to keep larceny as its own separate category. Larceny differs from theft in that by definition it usually includes only the victim’s tangible or personal property (e.g., jewelry or a book).

General theft includes items of personal property, but it also includes real estate, intellectual property, services, and more types of property. Thus, every larceny is a type of theft, but not every theft is an act of larceny.

The specific and locally applicable definitions of theft and larceny can vary depending on the laws of each individual state. For that reason, if you are dealing with a theft charge, it is important to know which specific definition applies in your state and the type of theft the prosecutor alleges.

If a person is convicted, the punishment to which they may be sentenced depends on the theft/larceny distinction. The best way to determine the answers to these questions is to contact a local criminal defense attorney for assistance.

The “elements” of a crime are the things that the prosecution must prove to convict someone of the specific crime. Although they can vary from state to state, as noted above, the elements of theft generally include some form of the following:

• The taking of someone else’s property
• Without their consent or authorization
• With the intent to deprive the person of that property.

Eligibility: The focus of law enforcement and prosecutors is on the elements of the crime itself, rather than the characteristics of those allegedly involved in the events that lead to an investigation. Legal definitions and the application of theft laws are generally applicable to all individuals regardless of their background.

The Importance of Hiring an Attorney: Representing yourself in a criminal theft case would not be a good idea, especially if the charge is serious. A charge is usually serious if the amount of money involved is larger rather than smaller. However, in cases involving minor offenses with minimal potential punishment and straightforward facts, an individual might consider self-representation after carefully weighing the risks and benefits.

Generally, however, a person wants to have the representation of an attorney in defending against a criminal charge.

Timelines: There are statutes of limitations for every crime. They are not the same in every state or for every crime. Generally, there are longer periods of time in which more serious crimes can be prosecuted than there are for less serious crimes. It is important to consult with an attorney to determine the specific statute of limitations applicable to a particular theft offense.

What Are Some Types of Theft?

In addition to larceny, theft includes other more specific categories of stealing. There are additional elements that must be proven for a specific category. These include:

• Embezzlement: Embezzlement occurs when a person entrusted to handle the finances or accounts of another person or business (for example, an accountant or a bookkeeper) illegally takes the money for their own personal use. To prove embezzlement, the prosecutor must prove the general elements of theft, plus the facts concerning the trust placed in the defendant.
• Receiving Stolen Property: It is a crime to purchase or accept property that a person knows or should have known was obtained through theft. This can be a difficult crime because it is always hard to prove someone knew something if they claim it surprised them.
• Extortion: Extortion, which is similar to blackmail, involves the taking of money, services, or property through force using threat or intimidation. The threats do not need to be taken immediately. They can be carried out at some later time in the future.
• Robbery and Burglary: Robbery is essentially theft plus violence. In a robbery, the thief forces the victim to turn over the property using physical violence, intimidation, or threats. The use of a weapon to commit this crime is called armed robbery.
  • Burglary is not, per se, a theft offense. Burglary consists of unlawful breaking and entering another person’s home or building to commit a felony while inside. Burglary becomes the crime of robbery when the individual commits a theft using threat or force.
• Theft by Deception: There are two kinds of theft by deception. The first is called false pretenses. The second is known as larceny by trick.
  • False Pretenses: This happens when one person obtains title (ownership) to the personal property of another using an intentionally false statement of past or present fact to defraud the other person.
  • Larceny by Trick: Unlike false pretenses, larceny by trick only involves convincing someone to give you possession (as opposed to ownership) of their property. For example, if you tell a person you need to borrow their car and they lend it to you, but you never intend to return it, then it will be considered larceny by trick.

Theft can also be classified by the value of the stolen property, which includes:

• Petty Theft: Petty theft is the theft of anything with a value below a legally specified amount of money. In most states, the theft of anything with a value of less than $400 is usually deemed petty theft. Petty theft is a misdemeanor crime. By definition, misdemeanors cannot be punished with more than 365 days of jail time
• Grand Theft: In contrast, grand theft is the theft of anything above a legally specified value (usually over $400) and is considered a felony. Felonies are all those crimes that can be punished by more than 365 days’ prison time – i.e., anything that is not a misdemeanor.

Evidence/Documents: The evidence that prosecutors use to prove intent can include witness testimony, surveillance footage, financial records, and circumstantial evidence demonstrating the defendant’s actions and statements. The specific types of evidence are going to depend on the unique facts of each case.

What If I Am the Victim of a Theft?

If you are the victim of a theft, you should contact the police immediately. Once they have found the thief, the police can determine whether they have enough evidence to charge the suspect with the crime. From there, one of two things can happen:

• The first is that if the police conclude that there is sufficient evidence to bring a criminal action, they will forward your case to the relevant prosecutor’s office to prosecute the person who committed the theft against you.
  • When they receive the case from the police, the prosecutor decides whether or not to take the case and begin a prosecution. They may tell the police that the evidence is currently insufficient and the police need to do more investigation. The prosecutor usually tells the police exactly what is missing. The police take up the investigation again and hopefully find the piece of evidence that the prosecutor needs to file a case against the alleged thief.
• The second is that if the police or prosecutor decides that they are not taking the case, then you may consider contacting a local personal injury attorney to sue the defendant in a civil case. Completely separate from the state’s criminal prosecution of someone, the victim has the right to bring a civil action against the perpetrator for monetary damages. The amount you could be awarded includes the value of the property that was taken, and in some cases, you could be awarded money for any emotional distress and physical pain and suffering you have gone through. Of course, you would only sue the defendant if your attorney can determine that the perpetrator has the assets to pay any judgment you might win.
  • In some rare cases, the jury will even award punitive damages, a very high monetary award. Punitive damages are meant as a penalty designed to prevent the defendant from ever doing this again. An attorney will be able to properly assess the matter, analyze your rights, and determine whether or not you should bring a case against the perpetrator privately.

Process/Steps: If the prosecution decides that it has enough evidence to proceed with a case of theft, the typical legal process involves the arrest of the suspect, arraignment, pre-trial hearings, and a trial. The arraignment is a court hearing in which the accused is informed of the charges and enters a plea. Pre-trial hearings may involve the making of motions and negotiations between the prosecutor and the defense.

If no plea agreement is reached, the case proceeds to trial where evidence is presented and a jury or judge renders a verdict. If the verdict is that the defendant is guilty, there is a sentencing hearing in which a judge imposes the sentence.

Costs/Fees: The cost to victims of theft or larceny may incur costs. Of course, they may have to pay to replace stolen property, although they might have insurance that would cover the loss. However, it is important to consider whether insurance premiums might increase if a victim makes a claim.

There are potential legal fees if they pursue compensatory damages from the perpetrator in a civil lawsuit. Those accused of theft may face legal fees for defending themselves in both criminal and civil cases. There would also be court costs, and potential fines if convicted.

Should I Hire a Lawyer if I Have Been Accused of Theft?

If you have been accused of theft, you should strongly consider hiring a local criminal defense attorney as soon as possible. An experienced criminal lawyer can review your charges, answer any questions, and inform you of your rights. A lawyer can also assess the outcome of your case, including the types of consequences you may be facing and whether any defenses are available to help your case.

Furthermore, a criminal defense lawyer can work with the prosecutor to negotiate the best outcome regarding your punishment. If negotiations aren’t successful, your attorney can represent you at a trial if necessary.

You need a lawyer even more if you are innocent of the crime you have been charged with. The odds are stacked against you, and you will need good advice and guidance to obtain a favorable outcome.