Retail Theft Defense Attorneys, Glen Ellyn and Rolling Meadows, Illinois
If you have been arrested for stealing, contact the law offices of theft crime.
The following is intended to provide you with a general overview of theft law, and related issues. Please contact us to discuss your unique situation.
Theft - An Overview
Modern statutes in most states consolidate the common law theft offenses into a single crime known as theft or larceny. Depending on the state, the general term "theft" may encompass a number of different crimes including larceny, embezzlement, false pretenses, extortion, fraudulent conversion and receiving stolen property. The specific names of theft crimes and their definitions vary from state to state.
If the police have charged you with a theft crime, it is important to contact an experienced criminal defense attorney to discuss your situation.
Common Law Theft Crimes
Historically, the common law had three classifications of theft crimes:
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Larceny — the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the person of it
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Embezzlement — the fraudulent conversion of the property of another by someone who lawfully possesses it
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False pretenses — a false representation of a material present or past fact, which causes the victim to give title to his or her property to the defendant, who knows the representation is false and intends to defraud the victim
Modern Theft Laws
Today, most state statutes group the crimes of larceny, embezzlement and false pretenses together under one crime known as theft or larceny. Though laws vary from state to state, many theft statutes also include the following crimes: petty theft, grand theft, identity theft, credit card theft, receiving stolen property, grand theft auto, car theft, forgery, embezzlement, bad checks and shoplifting.
Other Property Crimes
Robbery is a felony in most jurisdictions. It is basically larceny that involves a danger to the person, and so the penalties are usually more severe than those for larceny are. Robbery is defined as the trespassory taking and carrying away of the personal property of another from the person or presence of the other with intent to steal it where the taking is accomplished by means of force or putting the victim in fear.
Receiving stolen property is a separate crime from the crime involved in the stealing of the property. It is generally defined as the receiving of stolen property knowing that it is stolen. The person receiving the property must also intend to deprive the owner of his property. A person cannot be guilty of both theft and receiving stolen property for the same incident.
Under the common law, burglary was defined as the breaking and entering of the dwelling of another at night with the intent to commit a felony. Most modern statutes have modified this definition. For example, most modern statutes have done away with the "breaking" and "at night" requirements. In addition, modern laws also expand the definition to include other buildings or structures, and not just those that are used as dwellings. Modern laws also tend to change the intent to commit a felony requirement so that an intent to commit a theft or any kind of offense will suffice. Modern burglary laws often provide for varying degrees of burglary, with more serious or aggravated burglary classifications if a weapon was involved or if an inhabitant was threatened or injured during the burglary.
Under the common law, extortion was a misdemeanor defined as the corrupt taking of a fee that was not due or not yet due by a public officer, under color of his office. Today, statutes make such conduct by public officials a crime, with penalties that are generally not as harsh as those for robbery. State extortion/blackmail laws vary. Some laws require that the defendant actually acquire the victim's property by reason of an oral or written threat. Most states, however, require only that the defendant, with the intent to obtain the victim's property make an oral or written threat. Most laws provide that the demand be for “property.” Other laws cover any “pecuniary benefit” or “anything of value.” Generally, extortion laws include threats to injure the victim or some other person through either bodily harm or property damage.
Bad check statutes cover the situation where a person obtains property with a no-account or insufficient-funds check. Generally, all states have statutes providing for bad-check crimes that are separate from false pretenses. These laws vary in terms of the requisite state of mind (some require that the check-giver have an intent to defraud others require only knowledge of the insufficient funds without the intent to defraud). In addition, some states require that property be obtained as a result of issuing the bad check; other states do not. The penalties for bad-check crimes are generally less severe than for false pretenses. Statutes typically provide that if a bank refuses payment for insufficient funds and if the check-giver fails to make good within a specified time after the bank's refusal to pay, it is prima facie evidence of the required state of mind.
Conclusion
A theft conviction can come with very severe penalties that can change a person's life forever.
If you are facing theft charges, an experienced criminal defense attorney can advise you of your rights and work to ensure that they are protected.
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