A theft charge can follow you long after the case is over. Even a misdemeanor conviction can cost you a job, an apartment, or a professional license, because employers and landlords see “theft” as a question of trust. What the charge is called, and whether it can be reduced or dismissed, often depends on details worth fighting over: the value of the property, the intent behind the act, and how the evidence was gathered.
At the Law Office of Lauren Campoli, we defend people accused of theft and property crimes throughout Hennepin County and the greater Twin Cities, from petty theft and shoplifting to serious felony allegations. We look closely at the State’s proof on every element, because that is where these cases are won.
How Minnesota Defines Theft
Minnesota’s theft statute (Minn. Stat. § 609.52) covers a wide range of conduct, not just taking property. It includes intentionally taking, using, transferring, or concealing another person’s property with intent to permanently deprive them of it, obtaining property or services by swindling, keeping found property without making a reasonable effort to return it, and misusing or converting property such as a trade secret. Different theories of theft carry different proof requirements, which can matter a great deal to a defense.
How the Charge Level Is Determined
For most theft, the level of the charge, and the penalty, turns on the value of what was allegedly taken:
- Petty theft (misdemeanor). Value of $500 or less. Up to 90 days in jail and a $1,000 fine.
- Gross misdemeanor. Value more than $500 up to $1,000. Up to 364 days in jail and a $3,000 fine.
- Felony, up to 5 years. Value more than $1,000 up to $5,000.
- Felony, up to 10 years. Value more than $5,000 up to $35,000.
- Felony, up to 20 years and a $100,000 fine. Value more than $35,000, or theft of a firearm.
Certain circumstances change the picture. Prior theft convictions can elevate a charge, stealing specific items such as a firearm carries its own treatment, theft that creates a foreseeable risk of bodily harm brings enhanced penalties, and Minnesota now has a separate Organized Retail Theft statute (Minn. Stat. § 609.522) with its own penalties. Judges also commonly order restitution in theft cases.
Defending a Theft or Property Charge
Theft is not as simple to prove as an accusation makes it sound. Depending on the facts, a defense may focus on:
- Intent. Theft requires intent to permanently deprive the owner. A genuine mistake, a claim of right, or a misunderstanding about ownership can defeat that element.
- Value. Because the charge level rests on value, challenging how the State calculated it can reduce a felony to a lesser offense.
- The evidence. How the property, surveillance, or statements were obtained can be tested, and an unlawful search or a weak identification can change the outcome.
Where the State’s case has gaps, charges can be reduced or dismissed. Where it does not, we are prepared to try the case.
Talk With a Minnesota Theft Defense Lawyer
A theft charge puts your record and your reputation at risk, and the sooner your defense begins, the more can be done to protect them. Contact the Law Office of Lauren Campoli at 612-500-7777 to discuss your case.
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