of Property?
RACINE THEFT AND FRAUD ATTORNEYS
In Wisconsin, theft and property damage crimes encompass a wide range of offenses, from something as simple as stealing a television to more serious acts like arson, where a large building is set on fire.
The charges and penalties you might face often depend on the total value of the stolen items and whether you were armed during the incident. The dedicated burglary defense lawyers at Birdsall Muller have extensive experience handling various theft and property crime cases. If you've found yourself arrested, it's important to have the top criminal attorneys in Racine by your side.
Please contact our Racine criminal defense lawyers for a free consultation so we can help you navigate the broad range of theft and property crime charges.
RACINE, WISCONSIN THEFT OF PROPERTY AND FRAUD CRIMES. WHAT IS A THEFT CRIME?
Wisconsin statutes 943.20 (1)(a) states:
Whoever intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
HOW DO YOU PROVE A THEFT CRIME?
The State must prove 4 elements:
- That you intentionally took and carried away movable property of another (The term “intentionally” means that you must have had the “mental purpose” to take and carry away property)
- That owner of the property did not consent to taking and carrying away the property
- That you knew that the owner did not consent
- That you intended to deprive the owner permanently of the possession of the property
A common defense against this accusation is that the defendant did not intend to “take and carry away” the item. This argument often appears in shoplifting cases where the item is inside a shopping bag, with the person claiming they planned to pay for it but simply forgot. Another frequent defense is the claim that someone intended to borrow the item, implying there was no intention to “permanently deprive” the owner of their property.
Prosecutors can choose to sum up the value of all items and charge the highest-level felony, or to break them into separate charges for multiple misdemeanors. A theft conviction can seriously impact your future employment or licensing prospects. Employers often evaluate those with convictions for offenses involving “crimes of moral turpitude" very unfavorably. Both private and public employers usually have policies that exclude felons or generally mistrust individuals with a theft history. This is especially true if the crime involved multiple offenses or was sustained over a period. Certain state and federal licenses, like those for practicing law or becoming a securities broker, may be difficult to obtain or completely out of reach after a theft conviction, whether it’s a misdemeanor or felony.
Wisconsin penalties for Theft:
Under $2,500: 9 months maximum (misdemeanor)
$2,500 to $5,000: 18 months (felony)
$5,000 to $10,000: 3 years (felony)
$10,000 or greater: 5 years
Theft is a 5 year felony if the item taken is an animal, obtained by looting, is a firearm, or is taken from an elderly or mentally disabled “vulnerable” person, regardless of the item’s value
Contact the best Racine theft of property and fraud defense lawyers.
Attorneys John A. Birdsall and Nicole A. Muller are Racine criminal attorneys who have won countless cases over the past decades. Their unsurpassed aggressive defense strategy has placed them among the best Criminal Defense Lawyers in Racine.
In Racine, our fraud defense attorneys focus on challenging illegal police actions, including improper search techniques and other violations. If we find that your constitutional rights have been violated, your case could be dismissed.
Our law firm is simply the best theft and fraud defense law firm Wisconsin has to offer. Contact our Racine Criminal Attorneys at Birdsall Muller.
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