In the District of Columbia theft is defined as:
- Wrongfully obtaining or using property of another,
- With intent to deprive the other of a right to the property or a benefit of the property or,
- To appropriate the property of another for personal use or to the use of a third person.
The term “wrongfully obtains or uses” generally means:
- Taking or exercising control over property;
- Making an unauthorized use, disposition, or transfer of an interest in or possession of property; or
- Obtaining property by trick, false pretense, false token, tampering, or deception.
The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses.
THEFT OF SERVICES
In cases in which the theft of property is in the form of services:
- Proof that a person obtained services that one reasonably believe were available only for compensation and that;
- Departed from the establishment where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered and in circumstances where;
- Payment is ordinarily made immediately upon the rendering of the services or prior to departure from the establishment where the services are obtained .
The elements enumerated above together and combined establish the elements needed for the charge of theft.
Penalties for theft in the first degree shall not be a fine of more than $5,000 or imprisoned for not more than 10 years, or both, if the value of the property obtained or used is $1,000 or more.
Any person convicted of theft in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value.
A person convicted of theft in the first or second degree who has 2 or more prior convictions for theft, not committed on the same occasion, shall be fined not more than $5,000 or imprisoned for not more than 10 years and for a mandatory-minimum term of not less than one year, or both.
1) Uses personal identifying of another person to obtain, or attempt to obtain, property fraudulently and without that person’s consent;
2) Obtains, creates, or possesses personal identifying information belonging to or pertaining to another person with the intent to:
- Use the information to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or
- Give, sell, transmit, or transfer the information to a third person to facilitate the use of the information by that third person to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or
3) Uses personal identifying information belonging to or pertaining to another person, without that person’s consent to:
- Identify himself or herself at the time of his or her arrest;
- Facilitate or conceal his or her commission of a crime; or
- Avoid detection, apprehension, or prosecution for a crime.
Identify theft in the first degree carries up to 10 years in prison and significant fines if the value of financial injury exceed $1000 and if the value is less (second degree) then up to 180 days in jail and appropriate fines.
Shoplifting is defined as appropriating without complete payment any personal property of another that is offered for sale or with intent to defraud the proprietor of the value of the property, and taking of the property without complete payment and under one of the following conditions:
- Knowingly concealing or taking possession of any such property;
- Knowingly removing or altering the price tag, serial number, or other identification mark that is imprinted on or attached to such property; or
- Knowingly transferring any such property from the container in it normally displayed or packaged to any other display container or sales package.
Shoplifting conviction carries up to 90 days imprisonment term as well as assessed fines.
RECEIVING STOLEN PROPERTY
A person commits the offense of receiving stolen property if that person:
- Or obtains control of stolen property,
- Knowing or having reason to believe that the property was stolen,
- With intent to deprive another of the right to the property or a benefit of the property.
Any person convicted of receiving stolen property shall be fined not more than $5,000 or imprisoned not more than 7 years, or both, if the value of the stolen property is $250 or more.
Any person convicted of receiving stolen property shall be fined not more than $1,000 or imprisoned not more than 180 days, or both, if the value of the stolen property is less than $250.
In Washington DC, robbery is defined as:
- Taking the property of another from his or her person or immediate presence
- Using force or violence and
- With intent to cause the surrender of the property or to prevent resistance.
In Washington DC, the intent to steal must be formed either before or during the commission of the act of force.
Robbery conviction in Washington DC has a potential prison sentence of not less than two years and not more than 15 years.
Robbery while armed however has a range of prison term between five to 30 years.
Mandatory five-year prison term for armed robbery committed with an operable firearm. The taking must be by violence, intimidation, putting the person in fear, force, or the threat of bodily harm.
Contact our Washington DC criminal lawyer/DC theft lawyer/DC robbery lawyer/DC identity theft lawyer for a thorough case evaluation and analysis.