The term misdemeanor theft is widely used in assault lawyer Toronto to refer to the offenses related to the theft of a person’s property without his permission. However, the theft has a very broad legal meaning that can encompass more than one category, and several degrees, of crimes. Misdemeanor Theft is often defined as the unauthorized removal of another person’s property with the intent to permanently deprive him or her of it. Within this definition, there are two key elements:
1) take the property of another person;
2) the necessary intention to deprive the victim of their assets permanently.
The element of subtraction in a robbery usually requires taking possession of a good that belongs to another and also involves removing or attempting to remove the good. However, it is the element of intent where most of the complex legal challenges usually arise in cases related to theft.
For example, Alex goes to Patrick’s computer store, keeps two flash drives in his pocket and goes out the door with the intention of keeping them. Alex can be accused of theft. If Alex had stolen Patrick’s car from the parking lot, Alex would probably be charged with qualified robbery.
Is the Misdemeanour theft different from theft?
While some states have merged misdemeanor theft laws with general theft laws, other states have maintained misdemeanor theft as an independent crime. Misdemeanor theft is a crime that developed through common law and covers the behavior that most people consider as common theft- the theft of another person’s property without permission. The states that still preserve the figure of theft have generally codified the definition of the common law in the penal code of the state.
The most common charge when it comes to cases of theft is petty theft, known as “petty theft” under criminal code 488. This charge is filed as a misdemeanor and carries a maximum penalty of one year.
What are the Consequences and What Could be Done to getting Rid of them?
The Toronto Penal Code defines a charge of petty theft as theft of item (s) worth $ 300 or less. Assault lawyer Toronto represents many people facing charges of petty theft and it is rare the time a person with the first charge of theft receives a jail sentence.
In previous cases, assault lawyer Toronto reduced the charge of petty theft to an infraction (which prevents them from having a conviction in the criminal record) or if he has not negotiated with the prosecutor to reach an agreement that has the least possible effect on the criminal record and work.
Keep in mind that it is extremely important to contact assault lawyer Toronto to maintain a good record to obtain jobs, professional licenses, immigration issues or for the welfare of your family.
Petty theft case can be charged under criminal code 484 (a) -488. Even taking clothes and watches from a store without paying comes under this section. This type of case could be problematic for both citizens and visitors. You need to contact assault lawyer Toronto if you’ve faced such a problem ever. It is important to hire an attorney who has a lot of experience with cases of petty theft.