Theft by Unlawful Taking or Disposition

Theft. It’s a crime most of us are familiar with, having either been a victim ourselves or knowing someone who has. But what exactly constitutes theft from a legal standpoint? Let’s break it down.

Theft by unlawful taking or disposition—also known as larceny—is when someone takes someone else’s property without permission with the intent to permanently deprive the owner of it. There are a few key elements that need to be met for it to be considered theft:

• The property must be taken from the possession of the owner or someone holding it for the owner – so no snatching unattended purses or items lying around.
• The person doing the taking must have the intent to permanently deprive the owner of their property – borrowing your roommate’s clothes without asking first doesn’t count.
• The taking has to be accomplished by trespassing. No entering someone else’s home or rummaging through their car to take something.
• There must be actual carrying away of the item – you can’t just move it from one spot to another on their property.

So how do courts determine if these elements have been met? Well, they look at the specific circumstances surrounding the alleged theft.

For example, let’s say you invite your neighbor over to watch the football game. After he leaves, you notice your laptop is missing. If there’s evidence your neighbor took the laptop with the intent to keep it, that would likely constitute theft since he trespassed by taking your property without permission.

On the other hand, if you ask your roommate to borrow their car while yours is in the shop and you return it late, that probably doesn’t meet the requirement for intent to permanently deprive them of it. Annoying and inconsiderate? Yes. Theft? No.

When it comes to evidence, there are a few common ways theft charges are proven:

• Eyewitness testimony – someone saw the defendant take the item.
• Video surveillance – security cameras capture footage of the incident.
• Physical evidence – the stolen item is found in the defendant’s possession.
• Incriminating statements – the defendant admits to the theft.
• Circumstantial evidence – facts implying guilt even if there’s no direct evidence.

Police also look at motive when building a theft case. Did the person need money to buy food or pay bills? Were they jealous of the victim and wanted to hurt them by taking something of value? Understanding motive helps establish intent.

Theft charges can range from misdemeanors to felonies depending on the value of the stolen property and other circumstances. Punishments can include fines, probation, restitution, and jail time.

So what defenses might a theft defendant use to fight the charges? Here are some common ones:

• Claim of right – the defendant believed they had a lawful claim to the property. For example, taking something they thought was abandoned or gifted to them.
• Consent – the defendant claims the owner gave them permission to take the property, even if the owner denies this.
• Intoxication – the defendant argues they were too impaired to form the intent necessary to commit theft.
• Mistake – the defendant made an honest mistake in taking the property, like grabbing the wrong bag at the airport.
• Duress – the defendant felt threatened or coerced into committing the theft.
• Entrapment – law enforcement induced the defendant to commit a theft they otherwise wouldn’t have.
• Insanity – the defendant suffers from mental illness that made them unable to understand their actions or know right from wrong.

Whether any of these defenses will hold up depends on the specific details of each case. The prosecution still has to prove the elements of theft beyond a reasonable doubt.

The bottom line? Taking someone else’s property without permission is a big no-no, both legally and morally. But not every petty misunderstanding or family squabble over possessions amounts to criminal theft. Understanding the nuances in the law helps separate true larceny from innocent mistakes.

If you find yourself accused of theft, don’t panic. Get advice from a criminal defense lawyer experienced in handling these types of cases in your state. An attorney can review the evidence and determine if the prosecution can actually prove intent, trespass, and the other elements. They may be able to get the charges reduced or even dismissed.

Theft charges shouldn’t be taken lightly. But with an experienced legal advocate in your corner, you can rest assured your rights will be protected. So take a deep breath, and let your lawyer handle the details while you focus on moving forward.