Regardless of whether theft is considered petty theft or grand theft, there is a possibility of returning a stolen item after taking it. This can happen for a few reasons. Some include:. All three situations are relatively common. Though they are all technically returning a stolen item to its rightful place, the consequences for each are vastly different. The consequences of returning stolen goods vary so much because the law takes intent into account when looking at theft.
For a theft to be prosecutable, the courts must establish that the person who stole the item had the intent to permanently take the item from its rightful owner this includes stores as the owner of an item.
If a person has intended to deprive the owner of their property indefinitely and without permission, the act is considered theft. If there was no intention, or if the court has any doubt that there was intent, the act cannot be classified as theft. This is why borrowing is different from stealing.
If you borrow a book from a friend and forget to return it, this is not considered theft because you had not intended to keep the book when you took it. Understanding the idea of intent, you can see how returning an item stolen by accident i.
It is doubtful that a store or individual would try to prosecute someone for returning something they took by accident. However, if you accidentally steal something and later realize that it has been stolen and neglect to bring the item back to its rightful owner, there is a possibility that you could be prosecuted. In this situation, they may be able to prove that you had the intent to keep the item after you realized it was stolen, which may lead to charges depending on the item.
However, punishment would likely be lenient. It is a different story when you consider situations where a person stole an item and then later felt badly and returned the item. In this instance, the original intent was still to permanently keep the item in question.
Because intent is present, it is entirely possible to prosecute a person for stealing an item they later return. The return is irrelevant to the charges. The person took the item on purpose and permanently, and that is all the prosecution needs to know to seek justice. However, this does not mean that you should not return something that you have taken. If you return an item that you have stolen, you have a greater chance of a lighter sentence.
The court will likely take your act of remorse into account and charge you accordingly. If you simply keep the item, the court will likely stick you with more strict theft punishments. This category of theft is a bit varied. If you return something that was given to you and you are unaware that it was stolen, you will likely be questioned by law enforcement.
If you can prove that you did not know that the item was stolen, it is unlikely that you will face any serious consequences. However, if you stole the item yourself or knew that the item was stolen and tried to return it for cash or store credit, your act is considered a crime. The theft will be categorized with the item at hand as either petty theft or grand theft and punished accordingly. The responsibility to prove that someone has stolen an item with the intent to permanently keep it instead of borrowing it is placed on the prosecution.
There are several ways that this can be done, depending on the circumstances. That is why it is crucial to remain silent until you can consult with a criminal defense attorney. Under the 5th Amendment, you have the right to not incriminate yourself, so exercise this right if you are arrested for an alleged petty theft crime.
Your next step should be to secure skilled legal representation to make sure your best interests are protected. A knowledgeable criminal defense lawyer can devise a strong legal strategy and help you track down important documentation and evidence that you will need to defend your rights. Depending on the circumstances and the value of the property stolen, defendants might be able to reduce their charges or avoid criminal allegations entirely.
We are familiar with these types of cases and take great pride in providing our clients with top-notch legal representation. To set up your case consultation with our law firm, please give us a call today at There are often misconceptions about Robbery.
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Lawyer Directory. Call us at 1 Learn about petty theft laws and other common theft laws in your state. What Is Petty Theft? Theft cases involve the following elements: Ownership. The victim of the crime must have a "possessory interest" in the item taken. For example, if someone takes your jacket from your seat at the ballgame, the crime has been committed against you because you own the jacket. But if someone else's jacket was placed on your seat and then disappeared, the victim would be the jacket's owner, not you.
The prosecution would have to produce the jacket's owner in court in order to successfully prosecute the accused thief. Wrongful taking. A wrongful taking may occur through a physical movement or concealment of property, but it can also refer to wrongfully transferring funds or converting another's property to their own use say by using an elderly parent's money to buy a sports car rather than pay the parent's bills.
Without consent. The owner must not have given consent to the taking. Consent that is obtained by deceit or trick is not effective. For example, a gas station owner who lets a motorist borrow his tools, relying on the promise that the motorist will bring them right back, has not given consent if the motorist intended all along to keep the tools. Intent to permanently deprive. At the time the property is taken, the accused must have intended to permanently deprive the owner of their property.
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