What is Theft Law?
Theft law deals with a variety of crimes in which the defendant takes money, assets, services, or other property with the intent of permanently depriving the owner of the property. These crimes exist at the federal, state, and local levels of government. Theft statutes usually refer to the value of the property taken by the defendant, with penalties escalating on this basis. Besides imposing jail, fines, and other punishment, courts in all jurisdictions will require those convicted of theft to make restitution by repaying victims for their losses.
Categories of Theft Crimes
Offenses involving property valued at less than $1,000 or so are usually treated as misdemeanors. These crimes are commonly referred to as petty or petite larceny. Thefts of more valuable property are referred to as grand larceny and treated as felonies. Besides the value of the property taken, theft crimes are categorized by the type of property taken and the method used by the perpetrator to acquire it.
The most serious theft crimes involve the use or threatened use of force. Most notable among these is the crime of robbery. Some instances of robbery are easy to recognize, such as mugging, bank heists, and carjacking. Other times robbery charges can come as a surprise, especially to those accused of conduct that might seem less serious at first blush. For example, a person apprehended for shoplifting who attempts to flee with the merchandise by physically breaking free of a security guard’s grasp may very well be guilty of robbery.
Another category of theft involves financial crimes, such as embezzlement, insurance fraud, and forgery. Also known as white collar crime, these offenses are often committed by people who hold positions of trust within the business community. Through various forms of dishonest conduct, perpetrators of financial crimes find ways to steal from victims using trickery, rather than force. Some of the largest and most notorious thefts ever carried out fall within this category.
Property Valuation Issues
Theft statutes will indicate what the minimum value of the stolen property must be in order for the defendant to be convicted under that specific law. This can provide an opportunity for accused individuals to defend their case without regard for whether or not the property was wrongfully taken. Victims and prosecutors often inflate the true value of the stolen property to serve their own purposes. Victims do so in hopes of being reimbursed more than they deserve, and prosecutors do not want to spend the time that is necessary to independently verify the information provided by the victims.
A successful challenge to the minimum value of the property will lead the court to dismiss the case, or at least force the prosecutor to amend the charges to a less serious theft offense. Defendants should work with their attorneys to gain access to the supporting documents provided by the victim, such as purchase receipts, written appraisals, or blue book valuation printouts. In some cases, defendants will be surprised to learn that the valuation upon which they are being prosecuted rests on nothing more than an unsupported assertion by the victim.
Defendants who suspect the property value allegations are inaccurate should collect competent evidence to the contrary. As with other matters that arise in criminal cases, the degree to which the defendant can persuade the judge on the issue of valuation will depend upon the reliability of the evidence presented.
Thus, the judge will give little credence to a defendant who takes the stand and asserts that, in his or her opinion, the property is worth less than the statutory minimum. On the other hand, the judge will pay close attention to the testimony of an expert in the field of appraising property of that kind. This is especially true if the defendant’s attorney has previously arranged for the expert to inspect the stolen property during pre-trial discovery.
Deferral Programs for First Offenders
Any sort of theft crime conviction can severely impact the employability of the defendant in the future. In an effort to keep a record of the incident from appearing on their criminal histories, qualifying defendants in many jurisdictions can request to take part in a deferral program. Under such a program the defendant pleads guilty, but the court holds the plea pending successful completion of probation. As long as the defendant pays restitution, stays out of trouble, and satisfies all of the other conditions imposed by the judge, the case will be dismissed at the end of the probationary period. The plea is never entered, and no conviction will appear on the defendant’s record.
Consult with a Theft Law Defense Attorney
If you have been accused of theft, it is important to consult with a criminal defense attorney immediately. Even if charges have not yet been filed, an attorney can protect your rights while the crime is being investigated. Schedule a consultation now to learn how the law applies to the facts of your case.
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Articles on HG.org Related to Theft Law
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Theft Law - US
- Auto Theft Information
Our mission consists of remaining the premier aggregator and disseminator of information on auto theft to the general public.
- FBI - Art Theft Program
Art and cultural property crime - which includes theft, fraud, looting, and trafficking across state and international lines -- is a looming criminal enterprise with estimated losses running as high as $6 billion annually.
- Federal Bureau of Investigation - Uniform Crime Reporting - Larceny / Theft
The FBI’s Uniform Crime Reporting Program defines larceny-theft as the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles, motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, check fraud, etc., are excluded.
- Larceny / Theft - Overview
Larceny generally refers to nonviolent theft. It is a common-law term developed by the royal courts of England in the seventeenth century. In the United States, most jurisdictions have eliminated the crime of Larceny from statutory codes, in favor of a general theft statute. The crime of larceny was developed to punish the taking of property in nonviolent face-to-face encounters, and to set it apart from Robbery. Robbery involved some measure of violence in connection with theft, and the courts did not feel that a nonviolent theft should warrant the same punishment. Larceny was nevertheless punished severely. A person convicted of larceny could receive the death penalty or be sentenced to many years in prison.
- National Archive of Criminal Justice Data (NACJD)
Central to NIBRS is the concept of a crime incident. An "incident" is defined for NIBRS reporting purposes as one or more offenses committed by the same offender, or group of offenders acting in concert, at the same time and place. "Acting in concert" requires that the offenders actually commit or assist in the commission of the crime(s). The offenders must be aware of, and consent to, the commission of the crime(s); or even if nonconsenting, their actions assist in the commission of the offense(s). This is important because all of the offenders in an incident are considered to have committed all of the offenses in the incident. If one or more of the offenders did not act in concert, then there is more than one incident involved.
- National Stolen Property Act - US Code Title 18
Although it is called the National Stolen Property Act, the term "property" itself appears only in the second paragraph of 18 U.S.C. § 2314 (which was added in 1956) and can be interpreted in that paragraph as including all forms of property, both personal and real. However, in the first paragraphs of 18 U.S.C. § § 2314 and 2315 the statutory language utilized is "goods, wares, merchandise, securities or money."
- No Electronic Theft Act (NET)
The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison and up to $250,000 in fines. The NET Act also raised statutory damages by 50%.
- Office of Diversion Control - Theft or Significant Loss of Controlled Substances
DEA is publishing this Notice of Proposed Rulemaking (NPRM) to propose the clarification of its policies and procedures regarding the reporting by registrants of the theft or significant loss of controlled substances.
- Office of Procurement and Property Management - Theft in the Workplace
The following informational brochure contains suggestions on reducing the potential for theft in the workplace.
- Theft - Wikipedia
In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.
- United States Postal Inspection Service - Mail Theft
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- United States Secret Service
The mission of the United States Secret Service is to safeguard the nation's financial infrastructure and payment systems to preserve the integrity of the economy, and to protect national leaders, visiting heads of state and government, designated sites and National Special Security Events.
Organizations Related to Theft Law
- Bureau of Justice Statistics - Identity Theft
For the National Crime Victimization Survey (NCVS), the definition of identity theft includes three behaviors: * unauthorized use or attempted use of existing credit cards * unauthorized use or attempted use of other existing accounts, such as checking accounts * misuse of personal information to obtain new accounts or loans, or to commit other crimes.
- Law for Kids - Theft
LawForKids.org is America's first stand alone web site dedicated to teaching children about the law. The Site was created by the Arizona Foundation for Legal Services and Education with the specific goal of educating Arizona's youth, their parents, communities and schools to increase their knowledge about youth laws and to encourage law-abiding behavior.
- National Association of Home Inventory Professionals - Theft Protection Tips
Homeowners who become victims of theft are likely to experience a great deal of stress as they struggle to remember the items in their home for purposes of filing a police report or insurance claim. In addition, “most homeowners simply don’t have the proof required to maximize their insurance claim” according to Fred Knapp, Director of The National Association of Home Inventory Professionals (NAHIP), a highly dedicated group of professionals working to ensure the protection of home and small business owners by providing property documentation services.
- National Crime Prevention Council - Home and Neighborhood Safety
In these times of economic distress, many people are concerned about the threat of rising crime in their communities. Fortunately, there are ways to help protect your home and your neighborhood from crime. From simple steps like keeping your doors locked to starting a Neighborhood Watch program, there are plenty of things you can do to prevent crime.
Publications Related to Theft Law
- More Business - Tips to Stop Workplace Theft
Is workplace theft really that bad? Is it something really necessary to be alarmed about? If you own or operate a business, it is. According to American DataBank, $120 billion annually are lost through employee theft. And in his book (Biting the Hand that Feeds), Terry Shulman relates that 20% of every company's dollar is spent on employee theft. Those numbers aren't huge...they're astronomical.
- Scambusters - Avoiding Identity Theft at Work
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