Legal Definition of Theft
Theft is often defined as the unauthorized taking of property from another with the intent to permanently deprive them of it. Within this definition lie two key elements:
- a taking of someone else’s property; and
- the requisite intent to deprive the victim of the property permanently.
The taking element in a theft typically requires seizing possession of property that belongs to another, and may also involve removing or attempting to remove the property. However, it is the element of intent where most of the complex legal challenges typically arise in theft-related cases.
For example, Alex goes to Patrick’s computer store, puts two flash drives in his pocket, and walks out the door intent of keeping them. Alex can be charged with theft. Had Alex stolen Patrick’s car from the parking lot, Alex would likely be charged with grand theft.
Is Larceny Different from Theft?
While some states have merged larceny with general theft statutes, other states have kept larceny as its own separate offense. Larceny is an offense that developed through the common law and encompasses behavior that most people consider common theft: the taking of someone else’s property without permission. States that still have retained larceny have usually codified the common law definition within the state’s penal code.
Most states that still recognize the crime of larceny have codified its elements into their penal code. The exact definition of larceny varies between states and most of them incorporate the following elements in some form. The offense of larceny is:
- The unlawful taking and carrying away of
- Someone else’s property
- Without the consent of the owner and with
- The intent to deprive the owner of the property permanently
The charges of theft and related criminal offences are quite serious. Conviction may lead to incarceration. It is natural to be stressed and confused if you have been accused, but the important thing is to act quickly. To receive expert legal advice and representation, turn to Theft Lawyer Hamilton. You will have an experienced and skilled professional fighting your cases and protecting your rights.
There are many different aspects related to theft offence charges. The Criminal Code of Canada provides for more severe penalty for theft over $5,000 with the highest being ten years’ incarceration. Even if there is conviction for theft under $5,000, the convicted may be sentenced to up to two years in prison. There is also the possibility of returning the stolen property for reduction of the penalty. Negotiating withdrawal of the charges may also be an option. It depends on the skills of the defence counselor. With Theft Lawyer in Hamilton, you will have the best defence strategy built specifically for your case. You will have an experienced professional working for you with absolute dedication. Everything will be done to achieve the best result. Our work has always been goal-orientated.
The first step of the process involves legal advice. A lawyer from our team will explain the situation and the possible outcomes and answer all of your questions. This will enable you to make the right decision regarding your legal representation. When you choose us, you will receive elite services right from the start. Your counselor will examine all details of your case and gather all the necessary information for analysis. This will be used for developing a strong strategy for your defence. Your attorney will work with a team of support specialists for the best possible preparation. Rest assured that the strategy will provide for all possible challenges that may come on our way to reaching the set objective.
Our individual approach always includes full personal attention. You can turn to your Theft Lawyer Hamilton to ask questions and get advice and support at any time. The professional will work closely with you to prepare you perfectly for the road ahead. It is our commitment to make you feel as confident as possible given the circumstances. Your lawyer will fight your case with skill, dedication and zeal and with the use of all legal tools available. The goal will be to achieve the best possible end result.
If you or a close person has been accused of theft, get in touch with us right away.