Grand theft encompasses acts like purse snatching, pickpocketing, and automobile theft. At the federal level, this is described as the illicit act of taking away an item from someone’s possession.
It’s essential to differentiate between grand theft and petty theft. The former involves crimes exceeding a certain monetary value, while the latter pertains to lesser amounts. The most common type of theft we see is “theft by taking.” When theft involves federal property or assets, it then falls under federal jurisdiction.
Keep reading to learn the differentiation between state and federal theft crimes. Then contact Simmons Wagner, LLP at (949) 439-5857 if you have been charged with either crime.
Federal vs. State Grand Theft Laws
Federal grand theft laws are distinct from those at the state level. While almost every state has its definition and categorization of theft, federal laws primarily focus on the protection of government assets. The U.S. federal government recognizes over a hundred different theft types, even if individual states might not consider all of them.
Diverse Categories of Federal Grand Theft
The federal perspective on grand theft spans a broad spectrum, encapsulating:
- Scams
- Deceptive practices
- Insider trading activities
- Misleading credit card schemes
- Various other plans rooted in trickery, deceit, or fraudulent acts.
In legal contexts, the term “asportation” denotes the act of moving stolen property from its original location. It relies on common sense to decide whether an item has been shifted entirely or not.
By most legal definitions, the stolen object should be of personal value. This broad umbrella can encompass tangible assets, documents, intellectual property, services, information, or even contraband.
Proving Grand Theft Charges
To pin a grand theft charge, either at the state or federal level, it’s crucial for the prosecution to demonstrate that the item was taken without the rightful owner’s knowledge or consent. This isn’t always straightforward, as sometimes, even the genuine owner might find it challenging to recognize the stolen item conclusively.
Furthermore, for a theft to be classified as “grand,” the intent plays a significant role. The accused must have had the intention to either use the item permanently or deprive the original owner of its use indefinitely. Surprisingly, individuals can be slapped with theft charges even if they had planned to return the stolen item eventually.
One notable distinction between grand theft and embezzlement is that in grand theft cases, the accused never had legitimate access to the property.
Seeking Legal Counsel for Federal Grand Theft Charges
Facing such severe allegations alone is unadvisable. Expert legal guidance can make a world of difference. At Simmons Wagner, LLP, we offer a free review of your case. If you’re anxious about what lies ahead and need professional advice or wish to determine your next steps, please contact us at (949) 439-5857.