Minneapolis criminal defense lawyers well understand the Minnesota theft statutes described under Section 609.52. As most thefts involve property, the state’s definition of property is detailed: “All forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl…heat supplied by pipe or conduit by municipalities or public utility companies..(and) trade secrets.” The property referred to here may be either moveable, or not moveable.
Although this seems to be an all-encompassing definition, the particulars lie within the types of actions which make up the crime of theft. The following explanation includes just some of these actions.–
With purpose–and without having the “superior” legal right–you “take, use, transfer, conceal or retain possession of” the property of someone else without first getting his/her consent, and with your ultimate aim being to “permanently deprive” this person of their property.
Under this explanation of theft, you may have some legal right to the property, or you may not. This explanation also encompasses actions in which you obtain for some other person (the “actor”) possession of a piece of property(including money) by making “false representations” to the real property owner. For example, the “actor” (a thief) induces you to lie to the real owner of a vehicle by telling him/her that you are an auto mechanic who will “transfer” his SUV to the shop for repairs, when in actuality, you will drive this SUV to the “actor,” who will compensate you for your part in this theft scheme.
Acts of theft involving an above-mentioned “actor,” and your “misrepresentations” to a third person, may also include:
- your writing out “checks, drafts, or orders for the payment of money”(not involving forgery),
- your making promises you–or the “actor(s)”–don’t intend to follow through on,
- your submitting bills for reimbursement when, in fact, the “actor(s),” or you, have no intention of providing the promised medical services or treatment supplies, and/or the “actor(s)” have provided services and/or supplies that were “medically unnecessary, inappropriate, or excessive.”
Keep in mind that these are only a few of the definitions under which–and merely some of the actions through which–you can be accused of the crime of theft in Minnesota. And, there are many “legal defenses” to a theft allegation–Perhaps you had a verbal agreement to borrow another’s property, but no “time limit” was discussed, or put into writing. Perhaps you were duped into believing you were moving a property that had been lawfully given to another, when in fact, it was being stolen. Perhaps your “misrepresentations” to the harmed person were made in good faith.
Contact us to receive our expert knowledge, and guidance, regarding Minnesota theft laws. We are Minneapolis criminal defense lawyers.