Theft can be defined as the wrongful assumption of the property of another, often through the taking and carrying away of that property, with the intent to deprive the person of the property permanently. This definition is full of elements, each of which must be present for theft to occur. Theft is a broad category that encompasses several specific crimes:
For there to be a theft, some property must be taken and carried away. Property used to only include moveable property, but modern statutes have made it such that most everything can be considered property. A list of the main types of property includes:
The answer to this question usually depends on the value of the property that is taken. In most states, if the value is over $400, it is considered grand theft, which is typically classified as a felony. Theft of property valued at $400 or less is usually petty theft and a misdemeanor.
Penalties for theft crimes will vary depending on the type of crime involved. Penalties and sentencing for theft will depend on the type of theft crime involved. Less serious theft crimes, such as shoplifting or gas siphoning, often result in a citation or a misdemeanor charge. These may result in small criminal fines and some short jail time. Penalties and sentencing for theft may include:
Grand theft occurs when the property stolen is above a certain amount, usually in the thousands of dollars. Grand theft is usually a felony charge, which will result in the types of penalties mentioned above. Even if it is accomplished without the use of a weapon, grand theft results in serious consequences. Also, the defendant may be required to pay criminal restitution to reimburse the victim for the amounts that they stole.
One of the most common theft defenses is that you lacked the specific intent required to commit the crime. Theft is a specific intent crime, which means that there is some requisite purpose or intent you must have when you commit the act that constitutes the crime. This intent is usually the intent to deprive the owner of his/her property permanently. If you don't intend to deprive permanently, but are just borrowing for example, you cannot be convicted of theft.
If you are accused of theft, you should speak to a criminal defense attorney to learn more about your rights, defenses, and the legal ramifications. Your criminal defense attorney can provide you with representation during court to ensure that your rights as a criminal defendant are being upheld.
Last Modified: 04-24-2018 09:41 PM PDTLaw Library Disclaimer
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