Theft In Minnesota
What Is Theft Considered In MN?
In Minnesota, theft is the taking of property that belongs to someone else, without their permission and with the intent to keep that property for yourself. Being charged with theft can be a very scary situation. Depending on the value of the property, you can be charged with a felony and be looking at prison time. On top of that, a theft conviction can have many collateral consequences, such as the inability to work in certain fields. The financial sector is particularly difficult to work in if you have a conviction for theft. If you are charged with a theft crime, you need to contact an experienced Minnesota theft attorney to ensure that your rights have not been violated, and to make sure that your future isn’t compromised.
Minnesota Theft Charges
There are many different types of theft in Minnesota, and the charges range from misdemeanor up to felony level. Minnesota law regarding theft is very complicated. There are many different situations where one can be charged with theft. Below is a summary of the most common types of theft, and the potential penalties.
The main type of theft charge is exactly what you would think: someone takes property from another person. This would be like shoplifting or obtaining services without the intent to pay for those services. This is the most common type of theft in Minnesota.
Theft by swindle is the act of obtaining property, money or services using some sort of trick. An example of this would be selling counterfeit tickets to an event or switching the price tags on items in a store before going to the checkout.
This is exactly what it sounds like: writing a check for something, having knowledge that the check is going to bounce.
Again, this is exactly what it sounds like: the intentional taking of a motor vehicle without the consent of the owner of that vehicle. These are the most common types of theft charges in Minnesota. There are many other types of theft, they are just much less common.
Penalties
The penalties for theft can vary depending on the type of theft, and the value of the items, services, or money that was stolen.
If the value of the property or services is $500 or less, it is a misdemeanor level charge. This is punishable by up to 90 days in jail and a fine of $1,000
If the value of the property or services is $501 to $1,000, it is a gross misdemeanor level charge. This is punishable by up to 365 days in jail and a fine of $3,000.
Under the following circumstances, theft is a felony. The potential punishment varies, depending on a number of variables, which are summarized below:
- The maximum punishment for the following situations is 5 years in prison and a $10,000 fine:
- The value of the property stolen is $1,001 to $5,000;
- The stolen property is a schedule III, IV or V controlled substance;
- The value of the property stolen is $501 to $1,000 and the defendant has a prior felony or gross misdemeanor theft conviction in the previous 5 years;
- The value of the property is $1,000 or less and it was taken directly from someone else (pickpocketing), a corpse, a grave or coffin containing a corpse; the property is an official court record or the record of a public office; the property is looted from a burning or abandoned building; the property is taken from public funds that belong to the State or a subdivision of the state; or the property stolen is a motor vehicle.
- If the stolen property is worth $5,001 or more, is a trade secret, an explosive, or a schedule I or II controlled substance other than marijuana, the maximum penalty is 10 years in prison and a fine of $20,000.
- The maximum punishment for the following situations is 20 years in prison and a fine of $100,000:
- The property stolen is a firearm
- The value of the property or services stolen is $35,001 or more and the property or service is obtained by deceit (theft by swindle or issuance of a dishonored check); the defendant diverts corporate property with the intent to defraud the corporation; the defendant causes a corporation to make a distribution in violation of the law; an employer commits wage theft; or the defendant commits certain types of financial exploitation under Minnesota law.
The law in Minnesota regarding theft is very confusing, and the punishments can be very severe. If you or a loved one is facing these types of charges, it is imperative that you contact an experienced Minnesota theft attorney. Call Cody Wright today to set up your free and confidential consultation.
