Theft

Denver Criminal Attorney 

In the criminal law, theft (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent. As a term, it is used as shorthand for all major crimes against property, encompassing offences such as burglary, embezzlement, larceny, looting, robbery, trespassing, shoplifting, intrusion, fraud (theft by deception) and sometimes criminal conversion.

The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.

For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e. because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. But if she realizes the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it. Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.

Whatever type of theft offense you are charged with, whether it be shoplifting or grand theft auto, we will help you through the criminal process and help you achieve an acceptable resolution. Call me at 303-825-2223 to discuss your case.

For a free consultation with Rosenthal & Heymann, LLC call 303-825-2223 or contact the firm online.