Minnesota Theft Attorneys
Theft charges carry serious and lasting consequences on a person’s life. The criminal consequences of a theft charge can range from significant prison and/or jail time, plus heavy fines and lengthy probation. The collateral consequences are just as severe because a theft conviction can lead to a job dismissal, and is considered a red flag by prospective employers or landlords, which often prevents the person from getting the job or apartment. Regardless of whether you are facing misdemeanor or felony-level charges, it is critical that you get experienced Minnesota theft attorneys to fight for you.
What Counts as Theft in Minnesota?
There are numerous acts that qualify as theft under the Minnesota criminal code. The following is a non-exclusive list of the common thefts:
- Taking, using, transferring, concealing, or retaining another person’s property without consent and with the intent to deprive the owner of possession
- Theft by swindle
- Theft by false representations
- Receiving stolen goods
- Insurance Fraud
- Financial card fraud
- Identity theft
- Taking or driving a motor vehicle without consent
- Theft of cable through unauthorized connections
- Corporate theft
- Check forgery
- White collar crimes – such as embezzlement, forgery, mortgage fraud, etc.
- Shoplifting
- Wrongfully obtaining public assistance
- Wage theft
What you are charged with and the level of offense depends on the facts of the particular case and how much was allegedly stolen.
What Level of Offense Is a Minnesota Theft Charge?
The level of a theft offense depends on the facts, the type of property or services involved, the value of the property or services, and in some situations, the person’s criminal history. In general, Minnesota theft penalties break down as follows:
| Level | When It Applies | Maximum Penalty |
|---|---|---|
| Felony | Generally, a theft is a felony where the value of the alleged stolen property or services is more than $1,000. Felony treatment can also apply based on the type of property, such as a firearm, certain controlled substances, or other circumstances listed in the theft statute. | The penalty range is dependent upon the conduct and the amount of the theft. For instance, where the property is a firearm, or for certain theft felonies where the value exceeds $35,000, the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. If the value of the property or services stolen exceeds $5,000, the maximum penalty is 10 years in prison and/or a $20,000 fine. If the value of the property or services stolen is more than $1,000 but not more than $5,000, the maximum penalty is 5 years in prison and/or a $10,000 fine. |
| Gross Misdemeanor | If the value of the stolen property or services is more than $500 but not more than $1,000, it is a gross misdemeanor offense. Certain repeat theft-related offenses can also raise a lower-value theft into this range. | A maximum penalty of up to one year in jail and/or a $3,000 fine. |
| Misdemeanor | If the value of the stolen property or services is $500 or less, it is generally a misdemeanor. | The defendant can be sentenced to 90 days in jail and/or a fine of $1,000. |
Additionally, if the act creates a reasonably foreseeable risk of bodily harm to another person, the penalties described above are enhanced as follows:
- If it is a misdemeanor or gross misdemeanor crime, it is enhanced to a felony, carrying with it a maximum penalty of up to 3 years in prison and a $5,000 fine.
- If it is a felony, the maximum penalty for the offense is 50% longer than otherwise prescribed.
What Are Common Defenses to Theft Charges?
Every case is unique, requiring a personalized legal strategy for each client. But common defenses to theft charges include the lack of the requisite intent, whether the defendant had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties.
Most good theft defenses will require careful scrutiny by a Minnesota theft attorney and even an investigator to interview key witnesses. The end result is a well thought out and strategic defense.
Case Results
To see just how successful our approach is, here are some representative case results:
State v. A.M.
Charges: Felony theft
Resolution: Diversion and dismissal. Client was charged with a workplace theft – a serious offense that would have a long-lasting negative impact on his ability to gain employment in the future. The client was not eligible for diversion, thereby facing an offer to plead guilty to the offense as charged. Due to North Star’s diligence and careful discussions with the County Attorney’s office, the client became eligible for the diversion program more than a year after the alleged incident. The client is now able to keep a clean criminal record and stands a good chance to get an expungement of this record soon after he completes the diversion program.
State v. H.M.
Charges: Theft Counts (Career offender)
Resolution: Both North Star attorneys took turns assisting this vital client, whose history is literally arms-long relative to prior theft and other turpitude-style convictions. Initial offers from prosecutors started at statutory maximum jail terms, or multiples thereof; the cases were eventually resolved for petty misdemeanor fines, no jail, no additional criminal conviction, and the still-young lady can continue her phoenix-like rise via treatment, employment rehabilitation and a completely spin-dried group of friends and associates. Both James and Dan like nothing more than to participate in a complete makeover for troubled clients, and they have rarely been as successful as here.
State v. C.A.
Charges: Misdemeanor theft
Resolution: Continuance for Dismissal. The terms of the agreement are minimal – small fine, no entry at place of theft, and no same or similar incidents (a non-issue with a clean record before this incident). With the client facing the possibility of losing her job if there was ever a plea or conviction, this was the necessary result obtained through the appropriate approach by North Star attorneys.
Minnesota theft law covers many different acts, including taking, using, transferring, concealing, or retaining another person’s property without consent and with intent to permanently deprive the owner of possession. It also includes theft by swindle, false representations, certain rental-property situations, corporate theft, taking or driving a motor vehicle without consent, and wage theft.
Generally, theft is a felony when the value of the property or services stolen is more than $1,000. Felony treatment can also apply based on the type of property involved, such as a firearm, certain controlled substances, or other circumstances listed in the statute.
The penalty depends on the amount, conduct, and property involved. For certain thefts involving more than $35,000, or where the property is a firearm, the maximum is 20 years in prison and/or a $100,000 fine; for more than $5,000, the maximum is 10 years and/or $20,000; and for more than $1,000 but not more than $5,000, the maximum is 5 years and/or $10,000.
Theft is generally a gross misdemeanor if the value of the property or services is more than $500 but not more than $1,000. A gross misdemeanor carries a maximum penalty of up to one year in jail and/or a $3,000 fine.
If the value of the stolen property or services is $500 or less, the offense is generally a misdemeanor. A misdemeanor theft conviction can lead to up to 90 days in jail and/or a $1,000 fine.
Yes. If the theft creates a reasonably foreseeable risk of bodily harm to another person, a misdemeanor or gross misdemeanor can be enhanced to a felony with a maximum of up to 3 years in prison and a $5,000 fine. If the theft is already a felony, the maximum penalty is 50% longer than otherwise prescribed.
Common defenses include lack of the required intent, whether the defendant had a claim of right to the property, and whether the State can prove the value needed to meet a gross misdemeanor or felony threshold. Every case is unique, so the right defense depends on the facts and the evidence.
The value often determines whether the case is charged as a misdemeanor, gross misdemeanor, or felony. Because of that, whether the State can prove value is often a key issue in defending against theft charges.
North Star Criminal Defense – Experienced Theft Attorneys
If you have been charged with theft in Minnesota, you need to consult with skilled Minnesota theft attorneys like the team at North Star Criminal Defense. The sooner you do this, the better so that we can immediately begin investigating the facts of the case and developing your defense. Contact North Star Criminal Defense now to get started.