Criminal Defense Lawyers

Theft by Unlawful Taking or Disposition

Hey there! Today we’re gonna chat about theft by unlawful taking or disposition. I know, riveting stuff, right? But stick with me cause this is good to know in case you ever find yourself in some hot water over taking something that don’t belong to you.So what exactly is theft by unlawful taking or disposition? Well, it’s basically when someone takes (or even just moves) property that belongs to someone else without permission. The technical legalese is that someone “obtains or exerts unauthorized control over property of the owner.” But let’s break that down into simple terms.You’re guilty of this type of theft if you:

• Take something that isn’t yours without permission
• Move something from where the owner intended it to be
• Use something that belongs to someone else without their OK
• Keep property that you borrowed or rented past the due date

Get the picture? It’s taking stuff that ain’t yours, basically. And it don’t matter if you meant to give it back eventually or made an “honest mistake” – if you don’t have permission to take it, it’s theft.Now, the property has to belong to an “owner” for this charge to stick. If something is just laying around with no owner, free for the taking, you can’t get popped for swiping it. But anything that clearly belongs to someone – their car, their clothes, their TV, their jewelry, etc – is off limits without their say-so.This charge is usually a misdemeanor, but it can be bumped up to a felony depending on what you took and how much it’s worth. Like if you snag someone’s crazy expensive car or rob a jewelry store, you’re looking at felony territory for sure. The dollar amounts that make it a felony vary by state, but it’s typically around $500 to $1,000 or more.Oh, and get this – it doesn’t matter if you planned on keeping the item forever or not. Even if you just borrowed your buddy’s car without asking and went joyriding for a few hours, you’re still technically committing theft by unlawful taking. Wild, right?Defenses to Theft ChargesNow, if you do get accused of this, there are some defenses that might get you off the hook:

• You had permission: If the owner gave you the OK to take the property, that’s a solid defense. But the permission has to be real – you can’t just make up some imaginary convo where they said it was fine.
• It was a gift: If someone gave you the property as a gift, it became yours legally and permanently. But again, you’d have to prove they really intended it as a present.
• Mistake of fact: If you genuinely believed the property was yours or that you had permission to take it, that could negate intent. But your belief has to be reasonable – the “I thought this Rolex sitting on a park bench was mine” defense won’t fly.
• Necessity: Taking something you need to save a life or prevent serious harm can sometimes be justified. But the harm you’re preventing has to be imminent and there must be no reasonable alternative.

As you can see, the defenses are limited. The bottom line is you can’t take what isn’t yours, period. But if you can show a reasonable mistake or that the owner consented, you might wiggle off the hook.Examples of Theft by Unlawful TakingLet’s look at some real life examples to see how this shakes out:

• Dan borrows his neighbor’s lawn mower but then doesn’t return it for over a month. Even though he meant to give it back eventually, he’s committed theft by exceeding the scope of consent.
• Sally finds a diamond ring on the floor of a department store and pockets it instead of turning it in to lost and found. She knew the ring belonged to someone else and took it anyway. Textbook case.
• Jose asks to test drive a used car for sale but doesn’t return after the allotted time. He had temporary consent to use the car but went beyond that scope. Theft.
• Madison throws a party at a rented cabin and walks off with an antique vase. She violated the rental agreement by taking an item without permission.
• Tyler “borrows” his roommate’s laptop without asking while he’s away on vacation. Tyler doesn’t have permission to use the laptop, so it’s theft even if he planned to put it back later.

I think you get the gist! Taking stuff that you know full well doesn’t belong to you is theft, plain and simple. Ignorance isn’t an excuse. But hopefully now you understand the nuances if you ever find yourself accused of this.And of course, I gotta say it – the best way to avoid theft charges is to keep your paws off other people’s property unless you have their explicit OK! Seems obvious but hey, common sense ain’t always so common.