Some of the more viable defences are: There is a conflict regarding the rightful owner of the property. You had intended to return the property.
You were pushed into taking something by someone who set you up. Entrapment Petty Theft Penalties vs. For example, the court might consider: The value of the goods Pre-existing criminal record Stealing from an employer The level of trust that was breached If you have a previous criminal record, and current theft charges, the sentence is likely to be more severe. Long Term Consequences Whether you wind up with a summary or indictable offence, there are consequences that may follow you for the rest of your life.
Related Posts. October 15th, 0 Comments. March 10th, 0 Comments. January 15th, 0 Comments. Leave A Comment Cancel reply. California law recognizes that someone might enter into a business deal with someone else, have second thoughts and claim that the other person defrauded them. Because of this, prosecutors have special evidence requirements. They have to show:. The major difference is that in grand theft by false pretense, the person whose property is taken allows the defendant to take possession and ownership of the property.
In grand theft by trick, the defendant is given possession of the property but intends to unlawfully keep it. His friend John offers to drive it to the repair shop for him, and Steve allows him to take it. Instead of taking it to the repair shop, Steve keeps the car and hides it in a garage in a neighboring town. Because John fraudulently represented his intentions in order to get Steve to allow him to take the car and kept the property for a period of time, this could be grand theft by trick.
Lastly, the crime of grand theft by embezzlement PC has four elements:. In other words, even if you meant to return the property, you could still be found guilty of embezzlement.
Example: Jerry is the treasurer for his local HOA. He plans to return the funds when he receives his next paycheck. Theft is one of the most commonly committed crimes. To commit theft, a person must take someone else's property without the owner's consent and with the intention to permanently deprive the owner of its use or possession.
Shoplifting is an example of theft. Depending on the state where the crime occurred, theft might be referred to as larceny. Some states divide theft penalties into petty theft and grand theft , while others classify theft offenses by degrees such as first- through fourth-degrees.
Robbery, like theft, involves taking someone's property without the owner's consent, but it has some elements that theft doesn't require. Robbery involves taking property from a person and using force, or the threat of force, to do it. Though burglary can involve theft, one doesn't necessarily have to take any property to be convicted of this crime.
To commit burglary , a person must break and enter a structure or dwelling with the intent to commit a crime inside. You should always talk to a lawyer in your area if you ever need legal advice or information about crimes or the criminal justice process. If you think you have committed a crime, are under investigation, or have been charged, you absolutely need to speak to a local criminal defense attorney as quickly as possible.
Even if you believe you have done nothing wrong, speaking to investigators without first consulting an attorney can seriously damage your case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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