Theft Charges
Frequently Asked Questions about Theft
Q: What is theft?
A: The definition of theft depends upon the state in which you live. State laws define the crime differently, and may even have different names for the offense. Generally, theft is the unlawful taking of another person's property without permission with the intent of permanently depriving the person of the property. Today, many statutes include the common law crimes of larceny, embezzlement and false pretenses under the heading of theft.
Q: What is identity theft?
A: Identity theft is when a person obtains, possesses or uses the identity or financial information of another person with the intent to commit any crime; deceive or defraud; obtain goods, services, credit, employment or any other thing of value; or harm an individual's reputation or property. For example, a person may use another person's name, address, bank account and other information to obtain loans or open credit card accounts.
Q: What are the potential penalties for a theft conviction?
A: Penalties for theft crimes vary depending on the nature of the theft and the severity of the crime. Generally, the greater the value of the property or goods taken, the harsher the penalty. Many states have laws that classify theft crimes as either misdemeanors or felonies depending on the severity of the crime.
Q: What is embezzlement?
A: Generally, embezzlement is defined as the fraudulent conversion of the property of another by a person who is in lawful possession of that property. The exact definition of embezzlement in your state may vary from the general definition. Embezzlement is a white collar crime that is often committed by employees.
Q: What is robbery?
A: Robbery is the taking of personal property of another from the other's person or presence by force or intimidation with the intent to permanently deprive him or her of it. Most states classify robbery as a felony. Many states also have laws providing for a more serious offense of aggravated robbery, which generally involves the use of a deadly weapon.
Q: What is burglary?
A: Under the common law definition, burglary is the breaking and entering of a dwelling of another at night with the intent of committing a felony therein. Today, many laws have modified this definition by doing away with the "at night" requirement and expanding the "dwelling" requirement to include any building. In addition, some modern laws do not require intent to commit a felony, any crime will do. Burglary does not involve the use of force against another person and the victim need not be present for there to be a burglary.
Q: What is "theft from a person" and how does it differ from robbery?
A: Many jurisdictions have a crime known as "theft from a person," which is committed when the actor takes property from a person's control, such as a purse snatching or pick pocketing. However, unlike robbery, the offender does not use threats, intimidation or physical force directly against the person.
Q: What is shoplifting and how does it differ from commercial burglary?
A: Shoplifting is the crime of taking goods while at a store without paying or intending to pay for them. A person who shoplifts will be charged with either a felony or misdemeanor, depending on the value of the stolen items. In many states, a person can be arrested for shoplifting if he or she simply attempts to conceal an item while in the store. Some state laws also define a crime of "commercial burglary," which is similar to shoplifting in that it involves the defendant taking goods from the premises. However, with commercial burglary, the state must show that the person entered a building with the intent to steal.
Q: What can happen to me if I am caught shoplifting?
A: If you are caught shoplifting and it is your first offense, the owner can usually order you never to reenter the store and the court may order you to pay a fine, to return the goods to the store and to pay for the store's property loss, damages and time. If the shoplifter is a juvenile, the business may sue his or her parents in civil court to recover any losses. A repeat offender will usually be assessed more severe penalties.
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