Theft Crimes

A theft occurs when a person intentionally takes and carries away the movable property of another person without consent and with intent to permanently deprive the owner of possession of the property, generally speaking. A theft usually involves property that is in the possession of the property owner, but that need not always be the case. An embezzlement, for instance, which is charged as a theft by fraud crime under Wisconsin laws, involves property that is entrusted to the embezzler.

Wisconsin statutory laws include many classifications and definitions of theft crimes beyond those listed below.

shoplifting

When a person intentionally takes any merchandise out of store without first having purchased it (or obtained permission to remove it), it is a theft that is most commonly known as shoplifting. Shoplifting (like all theft crimes) requires "intent" in that the shoplifter must have intended to take the store's property without permission, and permanently deprive the store of that property.

Permission to take - failure to return

When a person has permission to have property owned by another person, but then fails to return the property, it is a theft. The most common theft in this regard will involve leases or other written agreements between people or businesses in which the property is kept for 10 days after the expiration of the agreement. Motor vehicles are an exception to this law.

theft penalties

The penalties available under Wisconsin law are dependant upon the value of the property.

If the value of the property is equal to or less than $2,500, the crime is a Class A Misdemeanor.

If the value of the property exceeds $2,500, but is equal to or less than $5,000, the crime is a Class I Felony.

If the value of the property exceeds $5,000, but is equal to or less than $10,000, the crime is a Class H Felony.

If the value of the property exceeds $10,000, the crime is a Class G Felony.

If the property is a domestic animal or property taken after a natural disaster from an unoccupied building and its removal is not necessary, the crime is a Class H Felony.

If the property is a firearm, the crime is a Class H Felony.

If the property is taken from a patient of a mental health facility, or from a corpse, the crime is a Class G Felony.

burden of proof

The type of theft crime charged by the prosecuting attorney will determine the state's burden of proof in the resulting criminal trial. In most cases, the state will be required to prove the intent of the crime and an act that furthers that intent. In some cases, the state will not be required to prove that the crime was completed; an attempt will not suffice. In other instances, an attempt suffices to charge the full crime. For example, a burglary charge need not prove that a felony was committed after an illegal breaking and entering occurred.

wisconsin criminal defense lawyers

Attorney Chris Van Wagner and Attorney Tracey Wood, the criminal defense lawyers at Van Wagner & Wood, offer a free initial consultation to anyone who is under investigation for a theft crime, has been charged with a theft crime, or has already been convicted of a theft crime and wishes to appeal the conviction or sentence. To speak with an attorney at Van Wagner & Wood, please call 1-888-663-8163 right away.

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