Overview
A number of different crimes fall into the category of common law Theft offenses. Such crimes include stealing and receiving stolen property, larceny, false pretenses, embezzlement, and extortion.
At one time, theft crimes fell into three categories: Larceny – The unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. Embezzlement – To appropriate property entrusted to one’s care fraudulently to one’s own use. False Pretenses - To obtain property from another person by lying about a past or existing fact. Today, these crimes fall into one group. According to State statutes grand theft, petty theft, grand theft auto, identity theft, credit card theft, forgery, writing bad checks, shoplifting and receiving stolen property fall under the Theft crime.
Theft Crime Definitions
Writing bad checks
A person will obtain property by writing a bad check from an account that does not exist or does not have any funds in it. There are statutes in every state that provide for bad-check writing crimes. The laws vary, depending on the individual’s state of mind when committing this crime. The court has to decide if the individual wrote the bad check with the intent to defraud another or if the individual just wrote the check knowing there were no funds in the account. If the check writer fails to make good on the check, it is prima facie (apparent) evidence of the individual’s state of mind.
Robbery
Robbery is a felony crime – It is the seizure of property through violence or threats with the intentions of depriving that person permanently. Definitions vary in each state. The consequences are often severe.
Receiving stolen property
The definition of receiving stolen property is an individual who receives stolen property knowing it is stolen, and intending to deprive the rightful owner. A person who commits this crime cannot be guilty of theft and receiving stolen property – only one crime at a time.
Extortion
Occurs when an individual unlawfully obtains money or services from a person using force. An example is the corrupt taking of a fee that is not due by a public official under color of his office. Making a threat of violence and not actually receiving the money is also considered extortion. This is a criminal offense. Extortion, when committed on a computer, by mail or over the phone is interstate commerce, and is a Federal crime. Using extortion to commit theft is known as blackmail. State laws require that the defendant actually receive the victim’s property using an oral or written threat. State laws include threats to injure the victim or a family member by using bodily harm or damaging property.
Burglary
The breaking and entering of a building or structure belonging to another person with the intentions of committing a crime. Consequences are more severe if a weapon was involved or a person was injured during the incident.
White Collar Theft
This type of theft is committed by a professional, businessperson, or entrepreneur. It is non-violent and based on cheating another person or dishonesty with another person. Because White Collar theft causes a lot of financial damage, strict punishment is set for these types of crimes. Penalties include large fines, a long prison term and restitution to the victim. A White Collar crime can destroy your career.
White Collar crimes include employee theft, money laundering, counterfeiting, embezzlement, extortion, and forgery. It also includes several different types of fraud, which include accounting, credit card, bankruptcy, insurance, internet, wire and mail.
Embezzlement is the fraudulent act of dishonestly appropriating financial assets to whom such assets were entrusted. An example is someone working in an accounting department who writes an unauthorized check to his or her own account.
Identity Theft
This has become a common crime and people who commit it, face severe penalties. Identity theft occurs when one individual steals another person’s name, address, Social Security, bank information, etc. and commits fraud or theft. This can be done, to name a few, by stealing a purse or wallet, looking in the trash for personal information, or computer hacking. This information is used to retrieve fraudulent credit cards, steal money from the victim’s bank accounts, rent an apartment, plus numerous other illegal dealings.
Types of Identify Theft
True Name Fraud – When an individual uses another person’s identity to open credit card accounts or utilities in the victim’s name
Account Takeover – When an individual accesses the existing accounts of another person and makes fraudulent purchases
Laws for Identity Theft
State
It is a crime to obtain or use personal information from another person with the intentions of committing a crime, deceiving or defrauding another person. It is illegal to obtain goods, services, employment by harming an individual’s reputation or property. Depending on the financial loss, identity theft can be classified as a felony or misdemeanor.
Federal
The Federal Identity Theft and Assumption Deterrence Act was passed in 1998 by Congress. This law made the use of another person’s identification with intentions to commit unlawful activity a criminal act. Federal prosecutors can pursue anyone using another person’s identification to commit unlawful activity. The Federal statute includes every means of identification.
The Fair and Accurate Credit Transactions Act of 2003 deals with consumer reporting agencies and the use of credit reports and credit scores. It includes provisions that deal with the ability to transfer debt involving identity theft, change of address requests, information on the credit card receipt and companies sharing consumer information with each other.
Consequences
The penalties for a theft crime depend upon the circumstances of the crime. Factors taken into consideration are the value of the property taken, injury to persons involved, and the defendant’s prior history. Besides the penalties imposed by the criminal justice system, the defendant will face negative employment consequences.
Misdemeanor Penalties - If you have been convicted of petty theft and have no prior convictions, the penalties can include a short jail sentence, a fine, community service, probation and restitution to the victim. In some States, the judge will dismiss the charges for a first-time offender if the victim acknowledges that he or she has been compensated for their loss.
Felony Penalties - Felony crimes carry more severe penalties than misdemeanor crimes. Factors used in determining consequences are robbery that involved force and high-valued property that was stolen. Oftentimes, felony crimes are punishable by death or a prison term of at least one year.
The Three Strikes Law – This law increases the punishment for repeat offenders. If you are convicted of your third felony crime, you are facing prison for at least 25 years and possibly life.
Social and Employment – Besides a jail sentence, fines, probation, community service and restitution to the victim, you can face social and employment consequences. You will now have a permanent record and it is public for your employer to review it. This can make it difficult for you to find a job because most people will now see you as being dishonest and untrustworthy.
What to do if you are charged
If you are charged with a theft crime, do not make any statements or consent to a plea bargain, lesser charges, or search without your attorney present. Be cooperative and polite to the police and do not wave any of your rights to them - they do not always tell the truth or act in your best interests. Meet as soon as you can with your attorney to discuss all the events and give your attorney all information regarding any past criminal record, etc. Once you have a theft conviction, any subsequent minor offenses become more serious to the court.
Your attorney will discuss possible defenses with you, which include Consent and presumed consent. This is where the defendant believes that the owner would have consented to him or her taking the property. Another defense could be Claim of right. The defendant honestly thinks he had a right to take the property. Lastly, Non-exculpatory defense can be used. This includes immunity, statute of limitations, plea-bargaining immunity, incompetence and entrapment.
Conclusion
Being accused of theft is a felony and a serious charge. The consequences for such a crime are severe and can affect your life, including your career, for a long time. A criminal defense attorney will review the allegations against you, and discuss a strategy for defending your rights.
Links to more information
http://topics.law.cornell.edu/wex
http://www.law.cornell.edu/rules/frcrmp/
http://www.fbi.gov/ucr/05cius/offenses/property_crime/larceny-theft.html
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