It can be a small item, such as a piece of candy, or a large item, like an airplane. Immovable property is all other property, like land or a home. The seriousness of the theft depends on the value of the things taken, or whether you were a part of an organized theft network. A robbery lawyer is someone who specializes in cases such as theft charges.
Theft only requires that you take a property belonging to someone with the intent to permanently deprive that person of that property. It doesn’t matter whether the item is small or large.
However, theft of certain items, such as vehicles, has harsher penalties.
Punishment for Theft
Theft charges in the United States, are graded from the least serious to the most. The smallest least serious is Disorderly Person charges and can be resolved in the local Municipal Court, while the more serious theft charges range from Fourth Degree to Second Degree Theft. Criminal Theft charges are going to be handled in the court for the county during which the crime occurred. A robbery lawyer will help his client understand all of the legal procedures during the case.
Disorderly Person’s Theft: If you’re convicted of taking less than $200 in value of the property, from another, without permission or if you’re planning to, then you’re guilty of a disorderly person’s offense. This is often petty theft and is punishable by up to six months in jail, and up to a $1,000 fine.
Fourth Degree Theft: If you’re convicted of taking property with a value of $200, but lower than $500, then you’re guilty of a Fourth Degree Crime, which is punishable by up to a $10,000 fine, and up to 18 months in prison.
Third Degree Theft: If you’re convicted of taking property with a value of $500, but lower than $75,000, then you’re guilty of a Third-Degree Crime, which can lead to sentences of up to $15,000 fine, and up to three to five years in prison.
Second Degree Theft: If you’re convicted of taking property with a value of $500, but lower than $75,000, then you’re guilty of a Second-Degree Crime, which can lead to sentences of up to $100,000 fine, and up to five to ten years in prison. Second Degree Theft is typically related to embezzlement of entrusted funds, money laundering, taking trade secrets, and being a part of an organized theft network.
Besides theft by unlawful taking, if you knowingly take the property of another, there are other crimes you’ll be charged with.
Shoplifting: besides a theft charge, you’ll even be charged with shoplifting, if you took property that is offered purchasable by a merchant. A conviction for shoplifting would require a term of community service and will land you a compulsory jail sentence if you’re a repeat offender.
Carjacking: During a car theft, if you use a weapon, threaten to harm the occupants of the car, or force someone to drive you in their car, then you’ll be charged with the First-Degree crime of Carjacking. This crime can lead to sentences of up to ten to 30 years in prison.
Identity Theft: Theft of another person’s identity, to benefit from it, maybe a Fourth-Degree crime, if the benefit gained was lower than $500. It is a criminal offense of the Third-Degree if the benefit received was a minimum of $500, but lower than $75,000, and it’s a Second-Degree crime if the benefit was $75,000 or more. Due to the damage identity theft can do to a person’s reputation, courts are generally not as lenient with these offenders.
Theft by Extortion: This is often probably the most serious theft that one can commit, aside from Robbery. Like other theft offenses, the seriousness depends on the value extorted from the victim.
Receiving Stolen Property: It’s not just a criminal offense to take something that doesn’t belong to you, it’s also a criminal offense to knowingly receive stolen property. The seriousness of this offense depends on the value of the things received.
Theft of Services: it is a criminal offense to knowingly obtain the services of another, knowing they expect to be compensated for those services and not pay for all of those services.
Robbery: If you use a weapon during a theft, then you’ll be charged with Robbery. Second Degree robbery, which is punishable by 5 to 10 years in prison, requires the utilization of a weapon, use of force upon another, or threat of force upon another. It becomes a criminal offense of the First Degree if you use the weapon to attempt to kill, purposefully inflict serious bodily injury on another, or threaten to use the weapon with deadly force.
Working with a robbery lawyer will help you go through all of the legal procedures during a case. They will also represent you in court.