FAQs About Theft Charges and Defenses

The concept of theft covers a lot of ground in Wisconsin. In addition to the acts formally defined as theft under the state's statutes, several other kinds of property crimes may also force you to answer to theft charges. Depending on the type of severity of the alleged criminal act, you may face either misdemeanor or felony penalties.

If the authorities have charged you with theft, you need to understand what this charge encompasses, what it might mean in terms of consequences, and how to pursue the available defense options. Start by getting acquainted with the answers to the following frequently asked questions about Wisconsin theft charges and defenses.

What Constitutes Theft in Wisconsin?

The State of Wisconsin includes several types of theft within Chapter 943.20 of its Statutes and Annotations. These types of theft include larceny (taking property without consent), embezzlement (transferring other's property to yourself via your office or position), theft achieved through acts of fraud, and willful failure to return leased/rented property.

A wide range of items may count as property in a theft case. You may face theft charges for misappropriating money, real estate, deeds or other ownership rights, documents, and unpaid utilities.

What Other Kinds of Property Crimes May Count as Theft?

You don't necessarily have to take one of the items noted above to find yourself up against theft charges. Wisconsin law can also charge individuals with property crimes such as theft of trade secrets, mail, services, or communications. The receipt of stolen property also counts as theft, even if someone else actually stole the property.

How Does the Law Determine the Value of Stolen Property?

Wisconsin law may apply various standards to determine the value of the allegedly stolen property. For many tangible properties, the market value of that property may apply. For scrap metal or plastic bulk merchandise containers, the value may also include the repair or replacement cost of other property damaged in the theft.

For properties that carry intangible value, the court may base the value of the property either on the property itself or the property's chose in action (right of possession), whichever holds greater value. For instance, a deed paper might represent the former, while the property it entitles you to might represent the latter.

What Charges and Penalties Can You Face for Theft?

The degree of charge you receive will depend on the total value of the stolen property. The theft of $2,500 or less, for instance, counts as a Class A misdemeanor, while theft of between $2,500 and $5,000 counts as Class I felony. Larger total values may draw charges of Class H, Class G, or Class F property theft.

The penalties for these charges will also vary substantially. A Class misdemeanor may draw penalties of up to $10,000 and/or nine month's imprisonment. On the opposite end of the scale, a Class F felony associated with $100,000 or more in property value may draw penalties of up to $25,000 and/or imprisonment for up to 12.5 years.

Bear in mind that a judge has the right to add other penalties to those listed above. If the theft results in substantial losses for the plaintiff in your case, you may also have to pay some degree of additional financial compensation to that person.

How Do Attorneys Defend Their Clients Against Theft Charges?

An alleged theft may have many more complexities to it than the surface facts might suggest. Your attorney can discuss your case's circumstances with you in detail to determine whether certain circumstances might disqualify your actions as theft, even if you actually took property without the owner's permission.

A simple misunderstanding may have prompted the actions that led to your theft charge. For example, you might have thought that you had permission to take a property when in fact you didn't. You may also have taken the item because you mistook it for a similar item of your own. However, you'll need to offer solid evidence for these defenses.

Intoxication can serve as another defense against a theft charge. If your intoxicated state of mind prevented you from understanding your actions or caused you to take someone else's property by mistake, and you can produce proof of your intoxication, the court may find you not guilty of theft.

Entrapment offers yet another possible defense against a theft charge. If your attorney can show that legal authorities lured or coerced you into taking someone else's property so they could detain you for theft, the court may find the charge invalid.

Unfortunately, you can't expect to beat a theft charge based on the fact that you later returned the stolen item. However, even though the return of the property doesn't erase the fact that you committed theft, it could cause the court to look on your case more favorably and assign a lesser penalty than if you hadn't returned the property.

Cohen Law Offices can provide the care, attention, and legal skills necessary to help you defend yourself against a theft charge in Wisconsin. Contact us today to request an initial consultation.