Additional Information - Theft Crimes
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Frequently Asked Questions about Theft
Q: What is theft?
A: The definition of theft depends upon the state in which you live. State laws define the crime differently, and may even have different names for the offense. Generally, theft is the unlawful taking of another person's property without permission with the intent of permanently depriving the person of the property. Today, many statutes include the common law crimes of larceny, embezzlement and false pretenses under the heading of theft.
Q: What is identity theft?
A: Identity theft is when a person obtains, possesses or uses the identity or financial information of another person with the intent to commit any crime; deceive or defraud; obtain goods, services, credit, employment or any other thing of value; or harm an individual's reputation or property. For example, a person may use another person's name, address, bank account and other information to obtain loans or open credit card accounts.
Most theft laws cover a wide range of criminal behavior. If you have questions about theft charges, contact our firm to schedule a consultation with an experienced criminal defense attorney.
About Theft Crimes
Many people who have been accused of theft crimes are unsure what to expect or confused by what their charge actually means. For instance, it is common that shoplifting be charged as misdemeanor larceny where the state must show the intent to permanently deprive the owner of the merchandise. The other most common shoplifting charge is unlawful concealment where a person typically is charged before leaving the store and their intent to permanently deprive the owner is not relevant. It is vital you contact me to discuss your particular case so that we may develop a strategy for the courtroom. You may worry about the potential consequences, like the effect a conviction could have on your family and job. At the DeCurtins Law Firm, I represent people in Charlotte, North Carolina, and the surrounding area. When I take your case, my goal is to answer your questions and to help you achieve the best possible results in the legal system.
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 at Law Office of Robert J. DeCurtins in Charlotte to discuss your situation.
Penalties for Theft Crimes
If convicted of a theft crime, an individual can face a wide range of penalties. The severity of the penalty ultimately imposed depends upon a number of factors including the nature of the offense; the value of goods, property or services taken; whether it was the defendant's first conviction; and several other factors. In addition to penalties imposed by the criminal justice system, a person convicted of a theft crime may also face negative social and employment consequences. Because of the potentially severe penalties, it is important to speak to a criminal defense attorney if you have been charged with a theft crime.
Identity Theft
Identity theft is an increasingly common crime, and individuals who are found guilty of identity theft face severe penalties. Identity theft generally involves the use of another person's personal information to commit fraud or theft. Typical identity theft offenses include wrongfully obtaining the names, addresses, Social Security numbers, birth dates or bank account numbers of another person, and using that information to open credit card accounts, apply for loans, open bank accounts, steal money from the victim's existing accounts, rent an apartment, file bankruptcy or obtain a job using the victim's name. “Identity fraud” includes identity theft, plus the creation or use of a fictitious identity, rather than the theft and use of a real identity. Because identity theft is costly to society, prosecutors rigorously pursue offenders in most jurisdictions. Identity theft cases are complex and a criminal defense attorney can help defend against the charges.
Responding to Theft Charges
Being charged with a theft crime is a serious matter. If you are faced with the possibility of theft charges, you should immediately retain an experienced attorney. In some cases, an attorney may be able to negotiate civil restitution so that no criminal charges are brought, and some prosecutors will not pursue a charge if civil negotiations are progressing. If a civil resolution is not possible, an attorney hired early in the process may be able to help you avoid jail even if charges are brought against you. Retaining an attorney should be your first response to any type of criminal charge. An experienced criminal defense attorney can investigate the facts and build a defense on your behalf.
White Collar Theft Charges
Although there is no fixed definition of "white collar crime," the term generally describes nonviolent crimes that are based on cheating or dishonesty. White collar crimes are usually quite complex. Although they traditionally carried lesser penalties than other crimes because they were not associated with violence, there is a recent trend toward stricter punishment for white collar crimes as people recognize the financial damage white collar criminals inflict on society. Consequently, defendants convicted of white collar crimes may incur enormous fines, be ordered to pay restitution or spend significant time in prison. Being convicted of a white collar crime frequently destroys the person's livelihood and career, and accuseds should talk to an experienced attorney about their situation.
Theft Resource Links
Criminal Law Information
An overview of criminal law provided by Cornell University Law School.
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure, which are applicable to federal criminal cases.
Larceny/Theft Crime Statistics
This page on the Federal Bureau of Investigation (FBI) Web site contains data about larceny and theft crimes in 2005.
Federal Trade Commission - Identity Theft
This site provides information and resources about identity theft for businesses and consumers.
Department of Justice - Identity Theft
This page on the US Department of Justice Web site contains information about identity theft and identity fraud.
