Minnesota Theft Crimes (Explained)

The laws of the State of Minnesota list a number of specific actions that, when committed, would constitute the offense of theft. To get to the bottom of this - read on - and consider calling an experienced Minnesota Criminal Defense Attorney.

Theft (Defined)

A person commits theft under Minnesota law when he or she: intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property
obtains possession, custody, or title to property or services by intentionally deceiving another person with a false representation files a false medical claim, finds lost property but makes no reasonable attempt to restore it to its owner
leases or rents personal property but fails to return the property or pay for the property, intentionally deprives another of a lawful charge for cable television or telecommunications service, or, takes or drives a motor vehicle without the owner’s consent. (Minn. Stat. Ann. § 609.52 Subd. 2.)

Classification of Theft Offenses and Penalties in Minnesota

Like many other states, Minnesota classifies theft offenses according to the dollar value of the property or services taken (and sometimes according to the type of property). 

Property Valued at Less than $500

The lowest level theft offense in Minnesota -- often called petty theft -- occurs when the value of the property or services stolen is $500 or less. A person who commits theft at this level will receive a sentence of imprisonment of not more than 90 days and/or a fine of not more than $1,000. (Minn. Stat. Ann. § 609.52 Subd. 3(5).)

$500 to $1,000

If the value of the property or services is more than $500 but not more than $1,000, a theft offense is punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $3,000, or both. (§ 609.52 Subd. 3(4).)

$1,000 to $5,000

When the value of the property or services stolen is more than $1,000 but not more than $5,000, a theft offense is punishable by a sentence of imprisonment of no more than five years, or a fine of not more than $10,000, or both. 

Theft offenses at this level also include:

• theft of a Schedule III, IV, or V controlled substance
• theft when the value of the property or services stolen is more than $500 but not more than $1,000, and the person has a conviction of a similar offense within the preceding five years, either in Minnesota or elsewhere, or
• the property stolen is not worth more than $1,000, and is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle. or court record. (§ 609.52 Subd. 3(3).)

More than $5,000

Where the dollar value of property or services stolen is more than $5,000, the offense is punishable by a sentence of imprisonment of not more than 10 years, or a fine of not more than $20,000, or both. Theft offenses at this level also include: theft of a trade secret, theft of an explosive or incendiary device, or, theft of a Schedule I or II controlled substance, other than marijuana. (§ 609.52 Subd. 3(2).)

More than $35,000

Finally, the most serious form of theft under Minnesota law is punishable by a sentence of imprisonment of not more than 20 years, or a fine of $100,000, or both. Theft offenses at this level include: theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim, or theft of a firearm of any value (§ 609.52 Subd. 3(1).)

For more information on how to defend yourself - even if you think you're guilty of Theft --- perform your own legal research or call the Rolloff Law Office to set up a FREE consultation  (612) 234-1165.  

Public Defender or a Private Attorney (Explained)

Don't get me wrong, public defenders play one of the most important roles in the the criminal justice system.  As a prosecutor, I worked with a number of public defenders who'd I put in the same league as the best (and most expensive) private Minnesota Criminal Defense Attorneys - and they often do their work with little to no budget. Time and time gain, I observed these public servants provide, to individuals who just cannot afford to hire a representative, the essential safety net that's guaranteed in the constitution.  However, as the illustration above points out there are common issues - like a lack of oversight, absence of specialized legal training, high turnover, and excessive case loads - that plague the public defender offices all over the country. This article points out some of the larger problems facing individuals in the State of Minnesota.

You will have almost no chance of winning your case if you choose the wrong attorney.

Understanding the current state of most people's pocketbooks, many individuals find themselves eligible for the services of a public defender.  These state-paid attorneys, sometimes called “public pretenders” can be unfairly branded as not-so-great lawyers. In reality, many of them provide outstanding services to the accused. But, consider some of the limitations listed-above when weighing whether or not you should hire private counsel - especially when you consider your future.  .

Time. Public defenders have increasing case loads, now more than ever. Due to the economy, defendants are turning to public service attorneys over private attorneys because they cannot afford the fees. As a result, public defenders get stuck with too many cases to handle, driving down the quality of their representation. Often a public defender will not even look at your case until you meet him for the 1st time right before court. The attorney may not want to fully explore your defenses or may simply convince you that the first offer is a “great deal” so he or she can tackle the dozens of other cases after yours.

Choice. You do not get to choose who your public defender is. A large part of hiring private counsel is the ability to screen for an attorney who makes you feel comfortable. Being charged with a criminal offense is never a pleasant experience. As such, you need an attorney who will put you at ease and make you feel comfortable in making the decisions affecting your future.

No Implied Consent Representation. If you are charged with Drunk Driving, a public defender cannot represent your implied consent challenge (also referred to as the “civil” side or the “license” portion of a DWI case). The only way to recover your suspended license is to hire a private attorney.

What's the Alternative?

I understand that anyone accused of a crime wants a skilled attorney to handle their case.  My client's (who've previously been appointed a public defender) tell me that they had no choice but go with that option first because they thought that my fees were simply too high.

Believe it or not, when you view these fees in the context of an "investment" in your future- understanding that you only get one chance to fight this thing that could impact you everyday for the rest of your life - I think you'll see that The Rolloff Law Office's reputation for providing exceptional legal defense at competitive rates is correct.  Plus, I also offer flexible payment plans to my valued clients.

Call me today to speak to an experienced Minnesota Criminal Defense Attorney directly at (612) 234-1165.  I have the time listen to what you want to happen with your case - and I'll work doggedly to make that a reality.