What Are The Roles Of A Theft Lawyer?

What is Felony Theft?

Theft felony laws are property crimes that involve the unlawful taking of another person’s property, with the requisite intent to permanently deprive that person of their property. Theft is usually used as a general term to reference many various crimes. These may include larceny, grand theft auto, larceny, receiving stolen property, shoplifting merchandise, embezzlement, and robbery. A theft lawyer is someone who specializes in felony theft charges.

Theft is considered a “wobbler” crime, which suggests a criminal offense is often charged as either a felony or a misdemeanor. Whether a criminal offense is considered felony theft may depend upon the worth of the stolen property and the severity of the theft when other factors are considered.

What Amount of Theft is Considered as a Felony?

The worth of theft depends on the jurisdiction where the crime is committed. Another factor is the severity of the theft committed. As an example, when a property theft is committed, the stolen property’s value is what determines if the crime can be a felony or a misdemeanor. As stated above, the final amount is decided by state law. A theft lawyer will help his client go through all of the legal processes and represent the defendant in court.

In most cases, when the theft is between $500 and $1,000 it is upgraded to a felony. For instance, if one state features a theft value of $800 and someone steals a car worth $800 they might be charged with a felony. In contrast, in the same state, if someone stole a television that is worth $200, the crime would just be charged as a misdemeanor. However, the facts of the case may vary depending on each situation.

Not only does each state consider the difference between felony theft and misdemeanor, but the states also differentiate between different degrees of felony theft. For instance, some states may have only a 1st-degree felony charge while others may go all the way to 3rd degree depending on the various mitigating factors of every felony theft.

What Are The Different Types of Felony Theft?

A few different types of theft are usually classified as felonies. This often depends on the worth of the property, or on the circumstances that are surrounding the crime. Various other factors can also influence the classification of a theft crime. Listed below are some examples of these crimes:

Grand Theft: Grand theft is the unlawful taking of property or money valued at a particular amount, generally over $1,000. In contrast, regular theft would be considered the unlawful taking of things or money valued at $1,000. To reiterate, the worth will depend upon your state’s laws;

Grand Theft Auto: Grand theft auto is the illegal taking of another person’s vehicle without their permission;

Larceny: Larceny is the intent to deprive another person’s property and is used interchangeably with the term grand theft, depending on your state’s laws;

Receiving Stolen Property: Unlike larceny, receiving transferred property doesn't require someone to physically take someone’s property. Instead, an individual can merely receive the property as long as they know that the property was taken.

Embezzlement: Embezzlement involves the taking of funds. It requires a fiduciary relationship between the victim and defendant in which the victim entrusts the defendant with access to and responsibility for funds. Embezzled funds are generally work-related and were to be used for specific purposes not associated with personal use by the defendant;

Robbery: Robbery is the taking of another’s belongings by use of force or coercion. The force must be imminent. 

What are the Possible Penalties for Committing Felony Theft?

Before you reach the penalty stage, the prosecution will have to prove that you committed theft at trial. While the actual elements will often depend on the state’s laws and specific type of crime, usually to prove a theft charge, the prosecutor must show beyond an unreasonable doubt that:

• The defendant intentionally took another person’s property;

• The property belonged to somebody else and wasn't the property of the accused;

• The defendant didn't have authorized consent or permission of the rightful owner; and,

• The defendant had the specific intent to permanently deprive that person of their property.

If you're convicted of a felony theft crime, you'll be sentenced and should face certain penalties. There are many penalties for felony theft depending on the type of theft, the worth of the stolen property, your criminal history, and other relevant factors. Each state can also have its guidelines for theft penalties.

Depending on the jurisdiction, there will presumably be jail time involved in your sentence which can range anywhere from 1 year to 20 years in state or federal prison. Besides a jail sentence, you'll face steep fines and be ordered to pay restitution to the victim if the stolen property isn't returned. Hiring an experienced theft lawyer will help you go through the legal process with ease.

If you are looking for a reputable defense lawyer. Stockmann Law has years of hands-on experience in dealing with criminal defense cases. You can visit them at 6035 Binney Street Suite #200, Omaha,  NE 68104. You can contact them via telephone at (402) 884-1031, or visit their website at http://nebraskainterstatedrugdefense.com