Theft by Taking Charge Reported by Family but Im Not Guilty?
Thousand Theft Laws
What is K Theft?
Thousand theft is a serious criminal offense involving thefts of property or money. In most jurisdictions, grand theft is listed every bit a felony. Grand theft is usually defined as theft that is worth over a certain amount, anywhere from $500-$1,000, depending on the state. Grand theft is also called chiliad larceny in some areas.
Grand theft may often overlap with other types of criminal problems, including white-collar criminal offense, robbery (theft involving the apply of force), or embezzlement. Yard theft auto is a separate crime that specifically involves the theft of an machine.
What are Examples of Grand Theft?
The following would be examples of grand theft:
- Stealing jewelry from a jewelry shop that is valued at over $950
- Stealing a wallet from a adult female'southward purse that is physically touching its rightful owner
- Stealing a computer or a mobile device
Is Chiliad Theft a Felony?
As mentioned, g theft volition usually result in felony charges. In addition, g theft can sometimes be farther categorized into degrees, such as 1st, 2d, or third caste yard theft (with 1st caste being the most serious and resulting in the most serious consequences).
For instance, 3rd degree grand theft may embrace theft cases ranging from $500 to $3,000; 2nd caste may cover $3,000-$50,000, and 1st degree will encompass cases involving $50,000 and up. Once more, such figures may be different in each jurisdiction. However, 1st degree grand theft charges are unremarkably very, very serious cases that crave prosecution through the apply of a m jury. Therefore, penalties and sentencing for theft may depend on the total amount stolen.
How is Stolen Property Valued?
In grand theft cases, determining the value of stolen objects is a key gene. Prosecutors must be able to prove that the stolen holding exceeds the grand theft minimum. Otherwise, the accused person cannot exist convicted of grand theft.
Property value is determined by a diverseness of methods. Property value may be determined by off-white market value, the highest reasonable value, or the retail value.
Which Office Prosecutes a Grand Theft Example?
The commune attorney'southward role typically handles felonies. The metropolis attorney'south part typically handles misdemeanors. Some jurisdictions simply accept a district chaser's part. In those cases, the commune attorney handles both felonies and misdemeanors.
What if I Believed the Holding Belonged to Me?
If the property actually belonged to you lot, or if you honestly but mistakenly thought the property you took belonged to y'all, y'all will generally non exist constitute guilty of grand theft.
If your intentions were not to have the holding simply instead to claim or re-claim an item that yous thought was rightfully yours, you would not be found guilty of k theft.
What if I Had Consent From the Owner?
If the possessor of the belongings that you lot allegedly stole gave you permission to take the belongings, then you will not be found guilty of grand theft.
For example:
- Suppose your neighbor gave yous permission to borrow a lawn mower. Subsequently borrowing the lawnmower, your neighbour accuses you of stealing the lawnmower from him.
In this example, since your neighbor gave you permission to borrow the lawnmower, you are not guilty of thou theft.
What Types of Property are Commonly Stolen?
Grand theft tin occur if a specific blazon of belongings is stolen, fifty-fifty if that holding is not worth the minimum dollar amount required for grand theft. The types of belongings that may qualify equally grand theft or felony theft differ from state to land only typically include automobiles, firearms, or farm animals.
Is In that location Potential for Additional Penalties?
If y'all've been charged with multiple thefts, whether 1000 theft or fiddling theft, additional penalties can be handed out in your case. If the loss exceeds statutory minimums in your state, or if the thefts arise from a common scheme or plan, then additional prison terms may be imposed.
In many states, if the total sum loss exceeds statutory amounts ranging from $50,000 to $2.5 meg, and the theft arises from a mutual scheme or plan, additional prison terms of one to four years may be imposed.
What if Collaborators Steal Multiple Items?
In some cases, multiple people work together to steal items, or a single person steals multiple items as part of the same theft. In some states, the law may group all of the property stolen from a single owner or a unmarried location.
In these states, the value of the individual items is added together to determine whether the theft qualifies equally yard theft. In other states, the value of multiple items can't be grouped together if there were different victims, or if there was no unifying plot to steal.
What Are the Legal Consequences of a Grand Theft Conviction?
As a felony charge, grand theft will outcome in felony sentences, including criminal fines of greater than $1,000 and a prison sentence of more than one year in a federal facility. Felony charges are somewhat difficult to accept expunged from i's criminal record. The existence of such charges on one's record may make information technology difficult for the person to obtain employment or be accepted in sure applications.
In some cases, a defense such as coercion may exist available to the defendant, depending on the facts of the circumstances. Besides, information technology may be possible to reduce a felony charge to a misdemeanor theft accuse, again depending on the facts.
If you've been charged with one thousand theft, you may face any of the following consequences:
- Jail or prison house time. For misdemeanor convictions of thousand theft, a court may sentence you to i year in jail. Felony convictions for grand theft tin terminal much longer. In cases where a theft involved incredibly valuable property or where the person bedevilled is a repeat offender, a prison sentence of 5 to 20 years or more may exist possible.
- Fines. If yous're convicted of thousand theft, yous may have to pay a pregnant fine. Misdemeanor fines are typically less than $1,000, but fines for felonies may exceed $100,000.
- Restitution. When you are convicted of stealing something, the court will typically require you to pay restitution, in addition to fines. Restitution costs are paid directly to the owner of the stolen property, while fines are paid to the state as a penalty. Restitution payments are unremarkably equal to the value of the stolen property.
- Probation. A court may also order a person bedevilled of grand theft to serve a probationary period. Probation ordinarily lasts for at least 12 months, although probations of three years or more are also possible. While on probation, a person must meet specific requirements. A person on probation may be required to meet regularly with a probation officeholder, find or maintain employment, and pay all fines and restitution within a sure amount of time. Those on probation cannot steal anything else or commit any more crimes.
Do I Need a Lawyer for Assist With One thousand Theft Charges?
Grand theft charges are very serious, and m theft laws may vary from place to identify. For these reasons, it'southward in your best interests to rent an experienced criminal lawyer in your area if you or a loved one of yours is facing grand theft charges. Your attorney volition be able to provide you with the legal representation needed for your defense.
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Source: https://www.legalmatch.com/law-library/article/grand-theft-laws.html
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