Theft of Movable Property

Getting caught stealing something can be a scary situation. Even if it was a small item, theft is against the law. But there are different types of theft charges, and the details matter. Let’s break down what theft of movable property means, what the penalties are, and what defenses you might have.

What is Theft of Movable Property?

Theft of movable property basically means stealing an object that can be moved. Things like electronics, jewelry, clothes, or even food all count. The legal definition says it’s taking someone else’s property without permission and with the intent to permanently deprive them of it.

There are a few key parts to that definition. First, it has to be someone else’s property – not yours. It also has to be taken without consent from the owner. And the intent matters – if you accidentally put something in your pocket but intended to return it, that likely wouldn’t count as theft. But intentionally keeping something that doesn’t belong to you would.

What Are the Penalties for Theft of Movable Property?

The penalties for theft depend a lot on the value of the item stolen. Many states have “thresholds” where the charge increases to a more serious one if the value is over a certain dollar amount.

For example, stealing something worth less than $500 might just be a misdemeanor petty theft charge. But if the item is worth $500-$10,000, it could be charged as a felony grand theft. And stealing property over $10,000 in value often comes with even more severe felony charges.

The exact thresholds and penalties vary by state. But in general, you can expect fines, probation, and possibly jail time – especially for felony theft charges. The more expensive the item, the harsher the consequences typically are.

What Defenses Can I Use Against Theft Charges?

There are a few defenses that might get theft charges dropped or reduced. Two common ones are:

You had no intent to steal. For it to be theft, you have to have intended to permanently keep the property. If it was an honest mistake – like forgetting to pay for an item before leaving a store – you can argue you never meant to deprive the owner of it.

You had permission. It’s not theft if the owner consented to you taking the property. For example, if a friend said you could borrow a necklace, but later accused you of stealing it. As long as you had evidence of permission, that could invalidate the charges.

Other possible defenses include being wrongly identified (if there’s doubt you’re the one who took the item) or citing your mental state at the time, like being under duress. An experienced criminal defense lawyer can help assess what defenses make sense given the specifics of your case.

What Should I Do if I’m Accused of Theft?

First – don’t panic. And don’t try to destroy evidence or flee the area. That will only make things worse. If the police want to talk to you, politely decline to answer questions and say you want to speak to a lawyer.

Next, hire a criminal defense attorney as soon as possible. An experienced lawyer can negotiate with prosecutors, defend your rights, and make sure you get the best possible resolution to the case. They know how to examine the evidence against you, raise doubts, and present any viable defenses.

It’s also wise to avoid discussing the case with anyone except your lawyer. What you say to friends or loved ones could come back to hurt you later. So keep quiet and let your attorney handle the talking.

Will a Theft Conviction Go on My Record?

Unfortunately, yes – a theft conviction will end up on your criminal record. Misdemeanors stay on your record for up to 10 years, while felonies are permanent. This can make it harder to get jobs, housing, loans, and educational opportunities.

That’s why it’s so important to have an attorney who can help get charges reduced or dismissed where possible. They may be able to negotiate plea deals for lesser offenses that won’t jeopardize your future as much.

What Should I Do to Move Forward After a Theft Charge?

First, comply with all terms of your sentence, like paying fines, completing probation, or serving jail time. Falling short on the requirements will just create more legal issues.

Next, consider expungement. Many states allow you to petition to seal criminal records after a certain period of time. An expungement can help remove the offense from background checks so it doesn’t keep haunting your future.

It’s also wise to be completely honest when applying for jobs, housing, etc. Going forward. Lying or hiding your record can backfire if it’s later discovered. Demonstrating transparency and accountability can go a long way in regaining trust.

And finally, surround yourself with positive influences going forward. Avoid temptations and people who could pull you back into old patterns. With commitment to making better choices, you can get past this setback.