Minneapolis Theft Attorney

Minnesota defines theft to include the following elements:

• Taking property or services
• Having no legal interest or claim of right to the property or services
• Having the intent to permanently deprive the owner of its possession or use

The statute includes both movable property, like store merchandise, and real property, such as a home. It also includes services, like cable TV, and information, like a trade secret.

Common Types of Theft

The types of thefts covered by Minnesota’s theft law include the following:

• Taking property without legal right or consent, with the intention to deprive
• Failing to return something in which you have no legal interest
• Using a false representation to defraud someone of property or services
• Knowingly issuing a bad check to obtain property or services
• Promising to do something in exchange for goods or services with the intent not to perform
• Diverting business property for reasons other than business purposes
• Driving a motor vehicle without the owner’s consent
• Failing to pay wages earned by workers

Prosecutors can use the specific provisions applying to particular types of property or the catch-all provisions. Thus, suppose prosecutors allege that you tampered with your water meter so the water company would undercharge you. It does not matter that Minnesota’s statute lacks a “water theft” section. It falls into the catch-all sections that cover all property and services.

What Are the Penalties for Theft in Minneapolis?

The penalties for theft offenses depend on the nature and value of the property or services. Thefts of dangerous property or valuable property will trigger harsher sentences. However, judges can hand down stiff sentences even for petty offenses.

Specifically, you can face up to 20 years in prison and $100,000 in fines for thefts involving firearms or property/services worth over $35,000. Your sentence can include up to 10 years imprisonment and $20,000 in fines for trade secrets, explosives, Schedule I or II drugs, or property/services valued between $5,000 and $35,000.

A judge can impose a sentence of up to five years imprisonment and $10,000 in fines for the following:

• Property/services valued between $1,000 and $5,000
• Drugs listed on Schedule III, IV, or V
• Property/services valued between $500 and $1,000 by a repeat offender

Property Valued at Less Than $1,000

The same sentence can also apply to a theft of property/services valued at less than $1,000 for the following:

• Property stolen from a corpse, grave, or coffin
• Stolen court or police records
• Property looted during a disaster or riot
• Misappropriated government funds
• Stolen motor vehicles

The next level of sentencing includes up to 364 days in jail and $3,000 in fines for all other property valued between $500 and $1,000. The lowest level sentence is up to 90 days of jail time and $1,000 in fines for property valued at $500 or less.

Collateral Consequences of Theft

The consequences of a theft conviction extend beyond fines and imprisonment. A conviction goes onto your permanent criminal history. People with a theft conviction on their criminal record will have difficulty with the following:

• Getting certain jobs, like retail clerk or salesperson
• Renting a home
• Gaining college admission
• Receiving public assistance

Additionally, professional licensing boards may suspend licenses for members convicted of theft. Lawyers, contractors, cosmetologists, and other professionals may face disciplinary hearings after a theft conviction.

Aggravating Factors

Minnesota’s theft law includes an enhanced penalty for thefts that create a foreseeable risk of bodily harm. A misdemeanor theft in Minnesota is enhanced to a felony with a sentence of up to three years in prison and $5,000 in fines. For example, stealing a stop sign valued at $200 might lead to a three-year prison sentence instead of a 90-day jail sentence.

Thefts that would have been a felony are punished with a sentence 50% longer. Bear in mind that the use of force or a threat of force not only enhances the possible theft sentence but could also trigger robbery charges.

What Are Common Defenses for Theft Charges in Minneapolis?

Your theft attorney can raise many defenses against charges for theft crimes. One of the most effective is a mistake of fact. If you mistook the property for yours or believed the owner had loaned it to you, you lacked the intent to deprive the lawful owner of possession.

Another common defense is mistaken identity. If you were identified for a theft you did not commit, your theft crimes attorney can present alibi evidence showing you did not commit the crime.

How Can a Minneapolis Theft Attorney Help in Your Theft Case?

A Twin Cities criminal defense attorney from Eraser Law listens to your side of the story. Once we understand the facts, we craft a strategy to defend you from the charges. We will gather evidence to support your defenses. We will also review the actions of the police and prosecutors for any improprieties, such as an illegal search or a coercive interrogation.

Depending on the facts of your case, we may provide any of the following services:

• File motions to suppress improperly obtained evidence
• Provide exculpatory evidence to prosecutors to try to get the charges reduced or dismissed
• Negotiate for a plea bargain
• Present your defenses at trial

Whether you need a petty theft lawyer for misdemeanor charges or an attorney to help you with a serious felony, we will provide an aggressive defense.

Contact a Minneapolis Theft Lawyer Today

Eraser Law has decades of experience helping people facing theft charges. We stand with you to defend you from the full might of the government. Contact our theft crimes attorneys at 612-422-4950 to learn how we can help with your theft case.