From shoplifting and identity theft to grand theft auto, Minnesota views all theft charges the same, and proving your innocence and getting your theft crime charge dismissed can be incredibly difficult. At Martine Law, our dedicated theft defense lawyers have years of experience fighting theft charges throughout Minnesota. We’re here to help you protect your rights and fight for your future.
Our Minneapolis Theft Services
Minnesota’s legal definition of theft goes beyond taking property that doesn’t belong to you.
Minnesota Statute 609.52 defines the following acts as constituting a theft crime:
- Intentionally taking, transferring, or concealing property of another person
- Taking property out of the possession of a pledgee without having legal interest in the property
- Obtaining custody or possession of property or performance of services by defrauding the owner
- Obtaining property by tricking, swindling or defrauding another person
- Obtaining property under certain circumstances when the intent is to temporarily deprive the owner of it
- Keeping lost property and knowing, or having means to learn, who the owner is but not attempting to return the property
- Intentionally taking property without making the required deposit for it
- Using trade secrets for personal gain
- Leasing or renting personal property illegally
- Taking off identifying markers so that the owner can not identify it
- Removing the serial number or manufacturer identification number to prevent identification
- Receiving illegal cable services
- Receiving services with no intention to pay the individual
- Receiving illegal telecommunication services
- Using business property outside of its intended purpose
- Defrauding a corporation into making a distribution in violation of the law
- Taking or driving a motor vehicle without the owner’s consent
- Taking fuel from a retailer without consent
- Committing wage theft
- Intentionally taking, transferring, or concealing property of another person
- Taking property out of the possession of a pledgee without having legal interest in the property
- Obtaining custody or possession of property or performance of services by defrauding the owner
- Obtaining property by tricking, swindling or defrauding another person
- Obtaining property under certain circumstances when the intent is to temporarily deprive the owner of it
- Keeping lost property and knowing, or having means to learn, who the owner is but not attempting to return the property
- Intentionally taking property without making the required deposit for it
- Using trade secrets for personal gain
- Leasing or renting personal property illegally
- Taking off identifying markers so that the owner can not identify it
- Removing the serial number or manufacturer identification number to prevent identification
- Receiving illegal cable services
- Receiving services with no intention to pay the individual
- Receiving illegal telecommunication services
- Using business property outside of its intended purpose
- Defrauding a corporation into making a distribution in violation of the law
- Taking or driving a motor vehicle without the owner’s consent
- Taking fuel from a retailer without consent
- Committing wage theft
Minnesota is not conservative when it comes to handing down punishment for charges regarding theft.
If you’re facing charges – no matter how minor you may think they are – your best bet is to contact a Minneapolis criminal defense attorney to protect yourself, especially, if you are looking at felony theft charges.
Penalties for Theft in Minneapolis
Minnesota theft crimes are prosecuted based on the value of the items that were taken. Here’s how theft charges are penalized in the state:
- Property valued at $35,000 or more, or firearm theft
- Imprisonment for up to 20 years
- Fine up to $100,000
- Or both
- Property valued at $5,000 or more, or trade secret, explosive device or controlled substance (Schedule I or II)
- Imprisonment for up to 10 years
- Fine up to $20,000
- Or both
- Property valued at $1,000–$5,000; controlled substance (Schedule III, IV, or V); the property is valued at $500–$1,000 and the offender has a prior theft conviction in the past 5 years
- Imprisonment up to 5 years
- Fine up to $10,000
- Or both
- Property valued at $500 – $1,000
- Imprisonment up to 1 year
- Fine up to $3,000
- Or both
- Property valued less than $500
- Imprisonment for up to 90 days
- Fine up to $1,000
- Or both
Enhanced Penalties
Enhanced penalties are additional consequences one can receive on top of the standard penalties. In Minnesota, you will incur enhanced penalties for theft charges if the offense “creates a reasonably foreseeable risk of bodily harm to another.”
These enhanced penalties include:
- Misdemeanor charges being bumped up to a felony, imprisonment up to three years, and/or a fine up to $5,000
- A 50% increase in the maximum sentence for felony charges
Minnesota law treats a theft charge seriously. But at Martine Law, we will fight to help you stay out of jail by getting your charges reduced or dropped so that you can put this all behind you.
What Our Clients Say
“I used Xavier Martine for a criminal defense matter. He walked me through the entire process and explained each step thoroughly. I was terrified and he immediately put my worries to rest by providing me the information I needed to proceed through the court process. He was always very responsive to my calls. I would recommend his legal services to anyone!”
Michelle L.
“Got an incredible plea deal for a pretty bad situation. Martine gets it done.”
Matthew G.
“If you find yourself on the wrong side of the police I can't think of a better attorney to help you.”
Donald C.
Our Minneapolis Theft Case Process
STEP ONE:
Call (612) 979-1305 to speak to an Intake Specialist. We’re available 24/7.
STEP TWO:
We’ll discuss your situation and desired outcomes, and determine if we can help.
STEP THREE:
If we’re a good fit, we’ll fight to get you the best results possible!
Frequently Asked Questions
What is the difference between theft and robbery charges?
Theft and robbery are often used interchangeably, but while they both involve stolen property, robbery is a more serious offense. Robbery involves the forcible taking of property, like robbing a bank at gunpoint or using weapons to intimidate someone into giving you their property. Robbery charges are an automatic felony.
What should I do if I’m arrested for theft in Minneapolis?
If you’ve been arrested for theft in Minneapolis, it may feel like you are out of options. But you have the right to a fair criminal proceeding. Here’s how you can protect yourself when facing theft charges:
- Be respectful. An arrest is a nerve-wracking experience, but it can be made worse by resisting or becoming belligerent.
- Invoke your right to silence. Talking about your case can lead to self-incrimination. You have the right to remain silent and refuse questioning.
- Get clarity on what you’re being charged with.
- Hire a Minneapolis theft lawyer for a solid legal defense.
How can a criminal defense lawyer help with theft charges?
A skilled criminal defense lawyer can help by investigating the case, analyzing evidence, identifying weaknesses in the prosecution’s case, negotiating with prosecutors for reduced charges or penalties, and representing you in court if the case goes to trial.
Can theft charges be defended against?
Yes, theft charges can be defended against in a variety of ways. Possible defenses may include mistaken identity, lack of intent to steal, duress, entrapment, or proving that the defendant had a legal right to the property. Consult with a Minneapolis defense attorney to see what defense could work best in your specific situation.
If convicted, how long do theft charges stay on my record?
The duration that theft charges stay on your record can vary depending on factors such as the severity of the offense, jurisdictional laws, and any subsequent legal actions taken. In some cases, you may be eligible to have your record expunged or sealed, which can remove or limit public access to the information. Consulting with a criminal defense lawyer can provide you with specific information about your potential options for clearing your record.
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Get Started on Your Minneapolis Theft Defense Today
Theft charges can carry serious time. At Martine Law, we are dedicated to helping our clients fight for justice and clear their good name. Contact us today to speak to an Intake Specialist.
