Theft

According to the Dakota County Attorney’s Office, 315 of the 669 cases involving felony-level property crimes charged in Dakota County in 2016 involved theft-related offenses. Theft-related offenses accounted for the second-most number of felony cases charged in Dakota County that year, behind only drug-related offenses.

The possible consequences of convictions for theft crimes in Minnesota depends on a number of factors, including the value of the property stolen and whether the alleged offender has been previously convicted of a theft offense. Some people may be accused of theft as the result of an honest misunderstanding, such as believing they either had permission or legal ownership claims relating to the property involved.

Minnesota Theft Defense Attorney

Were you arrested or do you think that you might be under investigation anywhere in the Twin Cities for an alleged theft crime? No matter how confident you are about your innocence, do not say anything to authorities until you have legal representation. Contact James Blumberg Law as soon as possible.

James Blumberg is an experienced criminal defense lawyer in Apple Valley who aggressively defends clients accused of theft and property crimes in communities all over the greater Dakota County, such as Apple Valley, Eagan, Inver Grove Heights, Mendota Heights, West St. Paul, and many others.

Call (952) 431-7758 today to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.

Minnesota Theft Crimes Information Center

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Dakota County Theft Charges

Subdivision 2 of Minnesota Statute § 609.52 establishes 18 different acts that constitute theft. A person can be charged with this crime if he or she does any of the following:

  • intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property;
  • with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property;
  • obtains for the alleged offender or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made;
  • by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person;
  • intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; the alleged offender pledges or otherwise attempts to subject the property to an adverse claim; or the alleged offender intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation;
  • finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder’s own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner;
  • intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner;
  • intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the alleged offender’s own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the alleged offender’s own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret;
  • leases or rents personal property under a written instrument and who with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges;
  • alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration;
  • with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer’s identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer’s identification number has been removed or altered;
  • intentionally deprives another of a lawful charge for cable television service by making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238;
  • obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration;
  • intentionally deprives another of a lawful charge for telecommunications service by making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in Chapter 237 of the Minnesota Statutes; or attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in Chapter 237 of the Minnesota Statutes;
  • with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation’s articles of incorporation;
  • with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it;
  • takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or
  • intentionally, and without claim of right, takes motor fuel from a retailer without the retailer’s consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle (this paragraph does not apply if payment is been made to the retailer within 30 days of the receipt of notice of nonpayment or a written notice disputing the retailer’s claim has been sent).

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Theft Penalties in Apple Valley

Under Subdivision 3 of Minnesota Statute § 609.52, theft convictions are punishable as follows:

  • Up to 20 years in prison and a fine of up to $100,000 if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16), or Minnesota Statute § 609.2335, subdivision 1, clause (1) or (2), item (i);
  • Up to 10 years in prison and a fine of up to $20,000 if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to Minnesota Statute § 152.02 with the exception of marijuana;
  • Up to five years in prison and a fine of up to $10,000 if any of the following circumstances exist: the value of the property or services stolen is more than $1,000 but not more than $5,000; the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to Minnesota Statute § 152.02; the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section,
    • Minnesota Statute § 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821; or
    • A statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense; or
    •  A sentence that was stayed under Minnesota Statute § 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or
    • The value of the property or services stolen is not more than $1,000, and any of the following circumstances exist: (1) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; (2) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; (3) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; (4) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or  (5) the property stolen is a motor vehicle;
  • Up to one year in jail and a fine of up to $3,000 if the value of the property or services stolen is more than $500 but not more than $1,000; or
  • Up to 90 days in jail and a fine of up to $500 in all other cases where the value of the property or services stolen is $500 or less.

Subdivision 3a of Minnesota Statute § 609.52 also states that if an alleged violation of this statute creates a reasonably foreseeable risk of bodily harm to another, the penalties described above can be enhanced. If the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be sentenced to up to three years in prison and a fine of up to $5,000. If the penalty is a felony, the statutory maximum sentence for the offense will be 50 percent longer than for the underlying crime.

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Possession of Shoplifting Gear in Minnesota

Chapter 609 of the Minnesota Statutes states other theft-related charges such as possession of shoplifting gear. Per the statute, an individual can be arrested for this offense if he or she possesses any device, gear, or instrument designed to assist in shoplifting. The defendant can also face shoplifting charges if he or she defeats an electronic article surveillance system with the intention of shoplifting.

Possession of shoplifting gear is punishable by for up to 3 years in prison and/or up to $5,000 in fines. If you have been arrested for this crime, it is imperative that you seek the legal counsel of a skilled criminal defense lawyer in Minnesota.

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Additional Resources

General Investigations | Dakota County Sheriff’s Office — The stated purpose of the General Investigations unit of the Dakota County Sheriff’s Office is to provide “primary investigative services to the rural areas of Dakota County including all townships” as well as assist all other police agencies in the county with major crime investigations when requested. Crimes investigated by General Investigations are broken down into two types: crimes against persons and crimes against property. Theft crimes are generally classified as crimes against property and are considered less serious than violent crimes or crimes against persons.

Dakota County Sheriff’s Office
1580 Highway 55
Hastings, MN 55033
(651) 438-4700

Crime in Apple Valley | Apple Valley, MN Crime Map | SpotCrime — SpotCrime aggregates crime data using information from police departments, news reports, and user-generated content, then maps the criminal incidents, plots them on Google Maps, and delivers alerts via various platforms. Use this website to view recent theft arrests in Apple Valley as well as burglary, robbery, and arson offenses. The website also publishes a list of the most recent crimes below the map.

Minnesota Statutes: Theft — Access the official website for the Minnesota Statutes to view how the state penalizes the crime of theft. You can view the corresponding penalties for each offense.

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Apple Valley Theft Defense Lawyer | Dakota County, MN

If you believe that you could be under investigation or you were already arrested for an alleged theft offense anywhere in the Minneapolis-St. Paul area, it will be in your best interest to immediately retain legal counsel. James Blumberg Law represents individuals in communities throughout Anoka County, Dakota County, Hennepin County, and Ramsey County, including Burnsville, Farmington, Hastings, Lakeville, Rosemount, and several other nearby areas.

Apple Valley criminal defense attorney James Blumberg has handled these types of cases on both sides of the aisle because of his prior experience as a former prosecutor in the Criminal Division of the Dakota County Attorney’s Office. You can have our lawyer review your case and help you understand all of your legal options as soon as you call (952) 431-7758 or complete an online contact form to take advantage of a free initial consultation.

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