While many Omaha residents may think the unauthorized taking of another person’s property is theft, the truth is that methods used and amounts taken change the nature of the crime to larceny or grand theft. The term theft is often used to describe a myriad of crimes and this can be confusing to someone who is being charged for a crime related to taking someone else’s property. It’s important to understand the criminal charges one is facing to ensure one can defend themselves.
Theft is often the generic term used when one person intentionally takes the property of another without their consent or permission, with the purpose of using it for him or herself, including selling it. It requires the intent to deprive the person from their property permanently. These cases often hinge on intent. To prove theft or larceny, it must be shown that the accused acted with the intent to take and keep someone else’s property. If one can show they thought the property was their own or that they mistakenly took it, the intent requirement can be challenged.
Theft cases also revolve around how much was stolen and the type of property taken. For example, if someone takes property valued below a certain level established by law, it may be considered petty theft and might be categorized as a misdemeanor. Grand theft on the other hand would be classified as a felony and carry heavier sentences.
It is important to understand the type of charges one is facing, and the elements required to challenge them. There are many categories of theft charges and an experienced attorney can help accused individuals understand the nature of the charges against them and how to present an aggressive defense.
