The criminal offense of theft is hardly a new crime. In fact, theft is one of those crimes that is as old as civilization. Advances in civilization, however, have created new types of theft and corresponding penalties. Although any crime can have significant negative ramifications outside the courtroom as well, theft convictions are particularly likely to trigger unwanted non-judicial consequences. Because theft is such a common charge, yet can have a such a profound impact on your life, an Omaha theft crimes lawyer discusses the penalties for various theft charges. While the following general information may be helpful, be sure to consult directly with an experienced Nebraska criminal defense attorney.
Theft may be one of those crimes that most of us would argue we know when we see it or experience it; however, the la has definite definitions for the crime of theft. Actually, because theft can occur in several ways, there is more than one definition, including:
- A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof.
- A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent to benefit himself or herself or another not entitled thereto.
- It shall be presumed that a lessee’s failure to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he or she has failed within ten days after such notice to return such property.
- Rents or leases a motor vehicle under a written lease or rental agreement specifying the time and place for the return of the vehicle and fails to return the vehicle within seventy-two hours of written demand for return of the vehicle made upon him or her by certified mail to the address given by him or her for such purpose or (b) uses a fraudulent or stolen credit card to rent or lease a vehicle.
Penalties for Theft
If convicted of theft, you could be sentenced to a period of incarceration, a period of probation, and/or a fine. Keep in mind that these are only the judicial consequences of a conviction for theft.
- Theft constitutes a Class IIA felony when the value of the thing involved is $5,000 or more. If convicted, the minimum sentence is no time in jail and the maximum sentence is 20 years in jail.
- Theft constitutes a Class IV felony when the value of the thing involved is $1,500 or more but less than $5,000. If convicted, the maximum sentence is two years imprisonment and twelve months post-release supervision or ten thousand dollars fine, or both and the minimum is no time in jail/prison and nine months post-release supervision if imprisonment is imposed.
- Theft constitutes a Class I misdemeanor when the value of the thing involved is more than $500 but less than $1,500. If convicted, you face up to one year in jail and/or a fine of up to $1,000.
- Theft constitutes a Class II misdemeanor when the value of the thing involved is $500 or less. If convicted, you face up to six months in jail and/or a fine of up to $1,000.
- For any second or subsequent conviction of theft as a Class I misdemeanor, any person so offending shall be guilty of a Class IV felony.
- For any second conviction as a Class II misdemeanor, any person so offending shall be guilty of a Class I misdemeanor, and for any third or subsequent conviction as a Class II misdemeanor, the person so offending shall be guilty of a Class IV felony.
Contact the Omaha Theft Crimes Lawyer at Petersen Law Office
If you have been charged with the criminal offense of theft in the State of Nebraska, consult with an experienced Omaha, Nebraska theft crimes lawyer as soon as possible to ensure that your rights are protected. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
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