Theft is a general term used to describe the unlawful taking of someone else’s property without their consent or permission. Many states have enacted statutes that define specific types of theft, such as shoplifting, motor vehicle theft and embezzlement. However, most theft cases fall under a general larceny or theft statute. In some cases, use of a weapon during the course of a theft can elevate a case to robbery, which is always a felony.
Defending against theft-related charges requires a strong understanding of the different ways that law enforcement and the courts approach these cases. The biggest challenge is often proving that the accused acted with the mens rea of intent to take and keep property, rather than simply using or disposing of it. In addition, defendants may need to argue that they did not know that the property was not their own or that it was borrowed and must be returned.
Some of the most serious theft crimes involve higher value property, such as a car or cash. A defendant’s previous criminal record will also play a significant role in whether a crime is classified as a misdemeanor or felony. Those with previous convictions are much more likely to face felony charges than first time offenders, even for lower-value thefts.
One of the best things you can do to protect yourself against theft is to buy renter’s insurance. It is usually very affordable and can pay to replace or repair your stolen belongings. Also, be sure to always lock your car when leaving it unattended, and avoid parking in areas that are visible to passersby or are blocked by fences or hedges.