This blog outlines statutory elements as well as the penalties enumerated for these offense.

THEFT FIRST AND SECOND DEGREES

Theft in DC is generally defined as wrongful possession and control over property belonging to others. Specifically, one commits theft by wrongfully obtaining or using property belonging to others with intent to either deprive the owner of a right or the benefit of the property, or to exercise control and appropriate the property for his own use or a third party – still depriving the owner the use of his/her property.

Wrongful obtaining and using is statutorily defined as:

1. Taking/exercising dominion and control over the property;
2. Unauthorized use/disposition/transfer of the property;
3. Obtaining possession of the property by trickery/falsification/pretense/tampering or deception.

Theft of services is defined as: receiving services which one ordinarily would pay for, or that one knew were only available to him/her only by compensation or payment and leaving the premises after receiving services without making payment or compensation in return.

There are two degrees of theft charges:

Theft in the first degree (T1): when value of the property obtained or used is more than $1000.00, punishable by $5,000 fine or/and not exceeding 10 years imprisonment.

Theft in the second degree (T2): When property stolen used or obtained has some measurable value, punishable by fines not more $1,000 or imprisoned for not exceeding 180 days, or both.

There is the three-strike mandatory minimum punishment for those who have two or more prior theft convictions.

Upon conviction of the first or the second degree theft charge, there is the mandatory-minimum one year prison term that must be served and cannot be waived through probation, prison release, etc.

In another word, on the third theft offense conviction no matter the value there is the enhanced theft in first degree penalties with a statutorily imposed absolute minimum term of one year imprisonment.

RECEIVING STOLEN PROPERTY

Receiving stolen property also falls under the theft statute. This is defined as possessing/obtaining buying or receiving of a property that one would have reason to believe was stolen.

This is a specific intent crime. So even if the property was not in fact stolen, if one believes that it was stolen and acted accordingly, then the elements of the crime have been met. So property not being a stolen item is not a defense.

Similar to theft in first and second degrees, here if the value of the property received is more than $1000.00 then charge is a felony punishable by $5000 fine/7 years in prison or both. If property in question has a measurable value then fines not more than $1000/180 days in prison or both.

Any combination theft charge/conviction (identity theft, fraud, credit card fraud, unauthorized use of a vehicle, commercial piracy, and receiving stolen property) stemming from the same act would be considered one conviction and sentenced concurrently and not consecutively.

IDENTITY THEFT

Identity theft also falls under the main theft statute/umbrella. Such is codified as unauthorized use, obtaining of other’s identifying information fraudulently, and without that person’s consent.

Specifically, a person commits the offense of identity theft if one knowingly:

1. Use personal identifying information of other;
2. Obtain, create, or possess personal identifying information belonging to other with intend to:

Use the information to obtain property fraudulently and without consent; or give, sell, transmit, or transfer such to another person to facilitate the use of the misappropriated personal information, or to identify himself at the time of his arrest with the misappropriated identifying information concealing his identity, or to facilitate commission of a crime with the misappropriated identifying information, or to avoid detection, apprehension, or prosecution of a crime committed.

Penalties for the identity theft in the first degree (amount misappropriated more than $1000) are: $10,000 fine or three times the value of the property obtained or three times the amount of the financial injury, whichever is greatest. There is also an imprisoned period of not more than 10 years, or both.

For the second degree (amount misappropriated some measurable value): fines of not more than $1000/180 days in jail or both.

The statute also calls for the enhanced penalties of 1½ time if the individual whose identifying information is stolen/misappropriated is 65 or older.

The collective theft statutes as enumerate above are complicated and broadly drafted/interpreted and thus individuals can be charged and prosecuted with little or no substantive evidence.

It is critical to have an experienced criminal trial lawyer well versed with all the statutorily nuances as well as razor sharp trial skills to defend your rights and to obtain an acquittal when reasonable doubt exists.

Contact our Washington DC Criminal Lawyer today to schedule a free initial consultation.