Theft

Felony Theft

Theft by Swindle

Embezzlement

Fraud/Wire Fraud

Misdemeanor Theft

Shoplifting

False Representation

A theft conviction can be life-changing. Call an experienced and aggressive Minneapolis theft attorney at 612-910-2104.

While the concept of theft is basic, Minn. Stat. § 609.52—Minnesota’s theft statute—is one of the lengthier criminal statutes in all of Minnesota’s criminal code. In the most general terms, theft offenses range in severity from misdemeanor theft, to gross misdemeanor theft, to felony theft, depending on the value of what was allegedly stolen.

What’s the difference between misdemeanor theft and felony theft?

Misdemeanor theft occurs where the value of the property or services stolen is $500 or less. If convicted of misdemeanor theft, the maximum penalty a court could impose is imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both,

Gross misdemeanor theft occurs where the value of the property or services stolen is more than $500 but not more than $1,000. If convicted of gross misdemeanor theft, the maximum penalty a court impose is imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Felony theft occurs where the value of the property or services stolen exceeds $1,000. Penalties of up to 20 years in prison may be imposed depending on what was stolen and how much it was worth. What’s worse is that the amounts stolen may be aggregated over a six month period, and they may be added together even if the alleged thefts occurred in two or more different jurisdictions.

• An individual may be sentenced for up to 20 years in prison and to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of a specific subdivision of the theft statute;

• An individual may be sentenced for up to 10 years in prison or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 (with the exception of marijuana);

• An individual may be sentenced to up to 5 years in prison or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:

  • the value of the property or services stolen is more than $1,000 but not more than $5,000; or

  • the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or

  • the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, or another similar section of an applicable criminal code and the person received a felony or gross misdemeanor sentence for the offense, or a stay of imposition to a felony offense; or

  • the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:

    • the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or

    • the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

    • the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

    • the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or

    • the property stolen is a motor vehicle; or

Wilson & Clas offers an aggressive defense to theft charges, and has had significant success is convincing courts and prosecutors statewide to DISMISS THEFT CHARGES or otherwise avoid theft convictions.

Common theft offenses in Minnesota include:

• Shoplifting

• Robbery

• Theft by swindle

• False representation

• Internet piracy/illegal downloading

• Embezzlement/Fraud

• Wrongfully obtaining public assistance

What will happen if I’m convicted of theft?

Theft convictions are no joke. Apart from the possibility of jail or prison, courts may impose any combination of:

• Up to many years of onerous probation;

• Community work service/STS;

• Restitution;

• Fines and fees;

• Mandatory abstinence from alcohol/non-prescription drugs;

• Chemical dependency treatment;

• Random testing for the use of chemicals;

• Educational classes;

• Therapy or other mental health treatment.

In addition, employers take theft convictions very seriously. In Minnesota, theft convictions are deemed “crimes of dishonesty” and they can haunt you long after the expiration of any jail or prison sentence, or after you’ve been discharged from court supervision like probation.

What if I didn’t mean to steal—it was a mistake!

Intent to steal is often times an element of a theft charge. In other words, the prosecutors will generally need to prove that you intended to steal or it will be very difficult for them to obtain a valid conviction. That’s not always the case, but it is often the case.

There are many defenses to theft. Factual defenses—meaning, the state simply doesn’t have the evidence to convict me—are typically raised at trial or in negotiations with the prosecution. Legal defenses—meaning, the state doesn’t have the law on its side, law enforcement violated the law when they arrested me or interrogated me, etc.—are typically brought before a judge via motion.

The best theft defense is to attack the case from all angles, both factually and legally. In order to do that, you need a skilled, experienced theft attorney in Minnesota. Wilson & Clas has obtained dismissals or continuances for dismissals in Dakota County (including Hastings, Burnsville, Apple Valley), Hennepin County (Edina, Ridgedale, Brookdale, Golden Valley, Brooklyn Center, Downtown Minneapolis), Ramsey County (St. Paul, Maplewood), and many other jurisdictions throughout the state.

Contact our Minneapolis theft attorney TODAY at 612-910-2104 for a FREE consultation if you have questions or are seeking to challenge a theft charge, citation, or conviction, or click here.