Stealing is not something that our society or our government has ever condoned. A person who commits such an act is not looked upon as a trustworthy or honest person. There is a clear negative stigma attached to a person that is considered to be a thief.
By definition, theft is taking something that does not belong to you without a person’s consent. Many use the term theft interchangeably with stealing, larceny, thievery, robbery, looting, fraud and embezzlement.
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There are different forms of stealing that fit under the “theft” umbrella. A few examples include, but are not limited to, armed robbery, burglary, theft by check, forgery, unauthorized use of a vehicle, fraud, false statement to a credit agency and shoplifting. Each of these theft crimes is punishable under the law and the penalties can come at a steep price. A criminal defense lawyer can help you fight theft charges.
Sadly, theft acts happen more often than we think by people we may never suspect. The majority of the time, the thief is not stealing out of need. For many of us, this is a difficult concept to grasp, but the fact of the matter is that theft is an epidemic in our nation.
Here are two of the most common occurrences of theft in the court system today:
1. Shoplifting
One of the most common forms of stealing is shoplifting, or petty theft. Shoplifting is the deliberate act of taking an unpaid item from a place of business and it happens more than we are aware. A person can be convicted of shoplifting even if they don’t walk out of the store, but are found with hidden merchandise in their possession. In Texas, there is even a “Law of Parties” meaning that if you are with a friend who is caught stealing in a retail establishment, you can also be prosecuted even though you didn’t intend on stealing.
The consequences for stealing in Texas range from a Class C misdemeanor to felony charges depending on the monetary value of what was taken. If the value of the stolen item is under $1,500 then the perpetrator will most likely be convicted of a misdemeanor. This can result in a simple fine and/or community service, but could also involve jail time, depending on the circumstances. If the item stolen was of great value, the accused will most likely be charged with a felony and will have to serve prison time. At the time of a hearing the court will be notified if there is more than one offense on the suspect’s record and this will also affect the sentencing. People who steal generally do not do it just one time.
An average of $10 billion dollars’ worth of goods is stolen from retail businesses each year. There is not a typical profile for people who shoplift and most of the time the thief does not get caught, which in turn can intensify the want for the offender to steal again.
We all pay the price for people who commit these acts by having to pay more for products when companies pad prices to recuperate losses from shoplifters.
2. Identity theft
This has been a growing problem in the US and abroad for years, but the computer age has hugely affected the wide reach of identity theft, which is linked to cyber crime laws. Identity theft is defined as any crime where another person obtains and uses another person’s personal information without their permission, including their name, address, social security number, birth date, etc. The multitude of ways thieves find this information seems to have no limits. Whether it is acquiring personal documents in your trash, opening credit cards in your name or hacking into your computer and obtaining passwords and personal information, their invasion of public privacy is a topic of constant concern.
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A charge of identity theft typically has a maximum penalty of 15 years imprisonment, court fines and the seizures of property used to commit the theft.
“Schemes to commit identity theft or fraud may also involve violations of the other statutes such as identification fraud, credit card fraud, computer fraud, mail fraud, wire fraud, or financial institution fraud. Each of these federal offenses are felonies that carry substantial penalties in some cases, as high as 30 years’ imprisonment, fines, and criminal forfeiture.” – US Department of Justice
There are many tight security measures in place that help ensure our online safety as consumers. It is helpful to educate yourself on current identity theft methods and preventative measures so that you do not become a victim yourself.
In a few cases the federal court system will step in if a federal crime is involved or the crime that has been committed involves a person from a foreign country or a US citizen in a foreign country.
Most often theft crimes are tried at the state level. Each state has different theft laws which differ on degrees of severity depending on the state where the crime was committed.
California distinguishes theft crimes into petty theft or grand theft (Penal Code 487). They consider grand theft to be stealing anything over $950 in value. Anything under that amount fits into the petty theft category. Depending on the value of the stolen property, grand theft can land the offender in jail or prison for up to one year and be charged with a misdemeanor or felony, which is called a “wobbler crime”. The more serious the circumstances are the more severe the penalty. A petty theft charge is a misdemeanor that can land the perpetrator in jail and/or with a fine for up to 6 months.
Texas also classifies theft into petty and grand. The monetary value of a petty theft is any item stolen under $500 value is a misdemeanor and anything over $500 is grand theft and is usually a felony offense punishable with over a year of jail time.
It is important to note that in Texas, and many other States, stealing of any kind is considered a “crime of moral turpitude”. This means that the act of stealing is not a favorable action in community standards of justice, honesty or good morals. Even if you are charged with a simple misdemeanor, you will have a permanent criminal record that will follow you for the rest of your life. This can have negative effects on the wrongdoer’s character personally, legally and with future employment opportunities.
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Bottom line, stealing is never justifiable and can land you in a world of trouble. It will affect the offender in many negative ways for the rest of their lives. Stealing also affects everyone in the community, in one way or another, which is why the laws are harsh. Thieves may think that they can get away with stealing, but eventually they will get caught and will be forced to face severe consequences.
If you are charged with a theft violation, contact an experienced criminal defense lawyer as soon as possible. It is essential that you get the ball moving in the right direction to protect yourself and your future. A knowledgeable defense lawyer will explain your rights, go over the circumstances of your case according to the State in which you reside, discuss your options and will help come up with the best defense strategy to help you in court. Hiring a skilled and educated criminal lawyer is the only way to ensure that you end up with a fair and justified outcome.