{"id":352168,"date":"2023-09-01T12:22:42","date_gmt":"2023-09-01T17:22:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/theft-overview.html"},"modified":"2023-09-01T12:22:42","modified_gmt":"2023-09-01T17:22:42","slug":"theft-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/theft-overview.html","title":{"rendered":"Theft Overview"},"content":{"rendered":"\n
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Theft Overview<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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People commonly use the word \u201ctheft" to refer to any crime involving taking another person’s property or money without consent. But in legal terms, theft is a precise definition. It may also encompass more than one category of crime. <\/p>\n\n <\/div>\n\n\n\n

These types of theft range from larceny to burglary to robbery. Having an understanding is critical, particularly for those facing criminal charges related to theft offenses.<\/p>\n

This article about theft gives insight into the various aspects of this crime.\u00a0It also includes different circumstances and facts demonstrating each category of theft.\u00a0<\/p>\n

Theft crimes carry potential punishments ranging from relatively minor to extremely serious. Depending on your circumstances, even a misdemeanor conviction can damage or complicate your life for years. If you’re facing a theft charge, it’s essential to consult a\u00a0criminal defense lawyer<\/a>\u00a0in your state.<\/p>\n

Common Law Crimes: Theft and Others<\/h2>\n

In general, theft is considered the intentional and unlawful taking of someone else’s property. But the precise definition of this varies in every state. Some jurisdictions define this act based on the common law concept of \u201clarceny.”\u00a0Larceny\u00a0is taking away another’s property to deprive the owner of the property of its possession permanently.<\/p>\n

While some states have merged larceny with general theft statutes, others have kept it as a separate offense.\u00a0States<\/a>\u00a0that retained larceny often codified the standard law definition within its penal code.<\/p>\n

The offense of larceny<\/a>\u00a0is often defined as:<\/p>\n

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  1. The unlawful taking and carrying away of someone else’s property;<\/li>\n
  2. The unlawful taking occurs without the owner’s consent; and<\/li>\n
  3. The intent behind unlawful taking is to deprive the owner of their property permanently<\/li>\n<\/ol>\n

    Related Crimes: Robbery and Burglary<\/h2>\n

    Ranging from a bank heist to a purse snatching,\u00a0robbery<\/a>\u00a0is typically defined with the following elements. But, each state also has its own set of laws that outlines the elements of robbery.<\/p>\n

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    1. An individual takes another person’s property with the intent to steal;<\/li>\n
    2. The individual takes the property against the owner’s will; and<\/li>\n
    3. The person takes the property using violence or threatening force against someone<\/li>\n<\/ol>\n

      Unlike simple theft or larceny, using force is a necessary element of robbery. This distinction is commonly used to justify harsher punishments for those convicted of robbery<\/a>.<\/p>\n

      Successful property acquisition is not a prerequisite for a robbery conviction in certain states. Essentially, these states prioritize punishment for the use or threat of force rather than stealing. Thus, regardless of whether the taking is successful, the unlawful attempt to take someone’s property by force supports the robbery charge.<\/p>\n

      Some states limit the scope of robbery charges by requiring an imminent threat of force used in the taking. In this context, “imminent” is a legal requirement for a clear and not hypothetical risk of physical danger. Likewise, a threat of imminent physical harm is one of harm likely to occur in a short period.<\/p>\n

      Burglary<\/a>\u00a0is commonly thought of as breaking into a structure to steal items inside. But the model penal code expands the latter element to include the commission of any crime.<\/p>\n

      The elements of burglary typically include (1) the unauthorized entry or presence, (2) in a structure or dwelling, and (3) with the intent to commit a theft (or other crime).<\/p>\n

      State laws<\/a> vary slightly on several of these elements. In some states, the prosecution must prove the defendant broke into a building. In others, simply hiding in a business to remain after closing time could satisfy the element of unauthorized presence.<\/p>\n

      Meanwhile, some states cling to the common law principle that burglary can only occur in a dwelling where people reside. A person technically cannot burgle malls and art galleries through the common law.<\/p>\n

      It’s also worth noting that a burglar doesn’t actually need to commit theft or any other crime. If the burglar makes an unlawful entry intending to commit a crime<\/a> inside, it counts as burglary. In this way, the law prioritizes the violation of the location over any theft or petty crime that happens afterward.<\/p>\n

      Shoplifting and Embezzlement<\/h2>\n

      Shoplifting and embezzlement are other common varieties of theft that take on special designations.<\/p>\n

      In\u00a0shoplifting<\/a>, a person does the following:<\/p>\n

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      1. Willfully conceals or takes possession of items that are offered for sale;<\/li>\n
      2. Intends to deprive the owner of the item, which is typically a store, of possession of that item; and<\/li>\n
      3. Fails to pay for the item<\/li>\n<\/ol>\n

        Shoplifting could result in a class A misdemeanor theft (the most serious misdemeanor) when a property stolen is worth less than a certain amount. The dollar amount at which the state classifies the charge as a felony or misdemeanor varies depending upon your state.<\/p>\n

        In Illinois<\/a>, a misdemeanor theft charge concerns property worth $500 or less. In Virginia<\/a>, misdemeanor theft is limited to property worth less than $1,000. For theft of property exceeding those values, in those states, felony charges apply.<\/p>\n

        The value of the stolen property required for a class A or class 1 misdemeanor varies among the states. Misdemeanors can be punished by a jail sentence of up to twelve months, while felonies may be punished by a year or more in prison or jail. If in doubt, it is best to contact a criminal law office<\/a> near you for legal advice.<\/p>\n

        When\u00a0embezzlement<\/a>\u00a0occurs, a person is in a position of authority or trust. Then, that person steals or misappropriates the assets in their care. Examples of people in positions of authority could include executives at a financial or banking institution or officials in positions of power in government. Anyone in a position of authority\u2014for purposes of defining the elements of embezzlement\u2014is often also defined as being in a position of trust.<\/p>\n

        That person must take property or money in the following way:<\/p>\n

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        1. Intentionally;<\/li>\n
        2. By fraud in the process of\u00a0conversion<\/a>\u00a0for personal use, sale, or some other unauthorized reason; and<\/li>\n
        3. By hiding their actions and the stolen or misappropriated assets permanently<\/li>\n<\/ol>\n

          Types and Degrees of Theft<\/h2>\n

          Some of the most essential factors in theft cases are what type of property was stolen and how much the property was worth. These factors can often determine the charge category and potential penalties<\/a> for those accused of theft. Many jurisdictions create degrees of theft crimes based on the value of stolen goods.<\/p>\n

          For example, a third-degree theft in Washington<\/a> is a gross misdemeanor involving property with a market value that does not exceed $750. Meanwhile, first-degree property theft valued at over $5000 is punished as a class B felony. Different statutes may govern the theft of other items like firearms and cars.<\/p>\n

          Petty theft often involves stolen items of lower value. Meanwhile, grand theft involves higher-valued property. Examples of grand theft include stealing cars or other items falling above a specific value set by each state’s laws.<\/p>\n

          Don’t Face Theft Charges Alone: Contact a Lawyer<\/h2>\n

          A\u00a0criminal defense attorney<\/a>\u00a0can represent you whether you are accused of retail theft, misdemeanor theft, or receiving stolen property. The right attorney can also help defend against other criminal offenses, like a DUI charge.\u00a0<\/p>\n

          Theft convictions can create a significant impact on your future opportunities. If found guilty of this crime, you could face a prison sentence, jail time, or fines\u2014in addition to a criminal record. But, there are procedures to reduce the long-term effects of this criminal conviction. In criminal law, this process is referred to as\u00a0expungement.<\/a>\u00a0A theft attorney or a criminal defense lawyer can help you navigate this process as well.<\/p>\n\n\n

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