As children, most people are taught that taking something that belongs to someone else is wrong. This principle holds true for adults as well, and those who disregard it could face criminal charges. The law defines various property crimes related to the theft or misappropriation of property. However, the terminology used in these cases can sometimes be confusing.

Property crimes may involve taking something without permission, deceiving someone to obtain money or other benefits, or abusing trust to take something that belongs to someone else. State and federal laws in the United States define multiple types of offenses related to these illegal activities.

Theft/Larceny

At its core, theft involves intentionally taking property that belongs to someone else without the owner’s consent and with the intent to deprive the owner of it. Many states use “theft” as a broad term covering various situations where individuals may be accused of taking money or property belonging to others. Some states use the term “larceny” when referring to theft.

When people face theft charges, the value of the property they are alleged to have stolen can influence the severity of the offense. Theft of property valued at lower amounts might result in misdemeanor charges, while theft of property valued at higher amounts, such as several thousand dollars, could lead to felony charges. Individuals who are charged with theft might consider consulting with a criminal defense attorney to understand the potential penalties and explore possible defense options.

Shoplifting

When a person is accused of taking merchandise from a store, they may face charges of shoplifting, also referred to as retail theft. In addition to pocketing items and walking out of a store without paying, shoplifting charges may also cover actions such as concealing merchandise, altering price tags, scanning items incorrectly at the register, removing theft detection devices, leaving a gas station without paying for fuel, or receiving services from a business without paying.

Like other theft charges, the severity of retail theft charges often depends on the value of the merchandise allegedly stolen. Some states have laws addressing “organized retail theft,” and serious penalties may apply to individuals accused of participating in schemes to steal merchandise from multiple stores and resell it. A criminal defense lawyer can assist those arrested for shoplifting by providing insight into the charges and possible strategies for addressing them.

Fraud

Fraud occurs when a person is alleged to have obtained money, property, or other benefits through deception or false representations. Examples of fraud can include using someone’s identity to open a credit card, submitting a fraudulent insurance claim, offering nonexistent products online while collecting payments, or altering checks. Fraud charges may also relate to online activities, such as phishing schemes to steal personal information and use it to make credit card purchases or access bank accounts.

In many states, fraud may be prosecuted as a form of theft or larceny, and the specific charges could depend on the amount of money or property allegedly obtained. These offenses may involve complex legal or financial issues, particularly those related to computer crimes. A person arrested for fraud may benefit from speaking with an attorney experienced in cases involving computer crimes to discuss potential legal options.

Embezzlement

In cases of embezzlement, an individual may be accused of stealing, keeping, or misappropriating property entrusted to them by someone else. While they may have been authorized to possess or control the property, the accusation involves keeping it for themselves or using it in a way the owner did not approve. For instance, a cashier could be charged with stealing cash from a register, or an employee might be accused of transferring company funds to their personal bank account.

Embezzlement is typically considered a form of theft, and those charged with embezzlement may face theft or larceny charges. The amount allegedly misappropriated may determine whether the offense is classified as a misdemeanor or a felony. Individuals facing embezzlement charges may consider consulting a criminal defense attorney to gain clarity on the charges and potential defense options.

Related Offenses

Other criminal charges that may be related to theft or fraud include:

• Burglary: This typically involves unlawfully entering a building with the intent to commit theft or another crime. The severity of the charges may depend on where the burglary allegedly occurred. Burglary in a home or occupied building could result in more serious charges.
• Robbery: When a person is accused of taking property from another by force or threat of injury, the offense is considered a violent crime rather than a property crime. Penalties for robbery are often more severe, particularly if the individual is allegedly armed with a firearm or weapon.
• Identity Theft: Using another person’s identity without permission can result in additional charges alongside fraud. These charges may involve accessing someone’s online accounts or impersonating them to obtain benefits.

Federal White Collar Crime Cases Involving Fraud and Related Offenses

While many cases involving theft and related offenses are prosecuted at the state level, some cases may lead to federal charges for fraud. White collar crimes, typically involving financial activities, may be prosecuted at the federal level if the offense affects multiple states or involves the use of the internet. Some types of fraud that may lead to federal charges include:

• Wire Fraud: Schemes involving the use of email, phone, internet, or any other communication transmitted by wire could result in federal charges due to the transmission of information across state lines.
• Bank Fraud: Fraud committed against a financial institution, such as check fraud or mortgage fraud, may lead to federal charges.
• Tax Fraud: Submitting false information to the IRS or attempting to evade taxes may result in criminal charges under federal tax laws.
• Identity Theft and Computer Fraud: Accusations related to the use of stolen personal data or credit card numbers may lead to federal charges, especially when multiple states are involved.
  

Those convicted of federal crimes may face significant penalties, including lengthy prison sentences and substantial fines. A federal crimes defense attorney may help navigate these cases and explore available defense options.

 

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. The content is intended to help readers understand various property crimes and related offenses.