In Wisconsin, crimes having to do with theft or property damage such as burglary, fraud, or arson, can include everything from stealing a TV set to burning down a large building.
Many of these charges, and the severity of their corresponding penalties, are determined by the total value of any goods that were stolen, and whether the accused person was armed during the commission of the crime. The experienced Milwaukee burglary defense attorneys at Birdsall Obear & Associates have handled a multitude of cases of all different types of theft and property crimes.
If you’ve been arrested, you need the best criminal lawyers in Milwaukee and Sheboygan. Please contact our Milwaukee criminal lawyers via phone or email for a free consultation so we can help you navigate the broad range of charges pertaining to theft and property crimes.
The State must prove 4 elements:
Often a defense to this charge is that the accused did not mean to “take and carry away” the item. This is raised quite often in shoplifting situations where the item is in a shopping bag and the person claims that they intended to pay for it but forgot. Another common defense is that a person intended to borrow the item and, therefore, did not intend to “permanently deprive” the owner of the property.
Prosecutors have the discretion to add up the value of all goods and charge the maximum available felony or break up the items to charge several misdemeanors. A charge of theft can have drastic consequences for your future employment or licensing goals. Often employers look very dimly upon those with convictions for offenses involving “crimes of moral turpitude.” Companies and public employers alike either have policies excluding felons or just generally do not trust those with a history of stealing. This is particularly true if the crime was of multiple violations or of a protracted nature. Certain state and federal licenses, such as license to practice law or be a securities broker, may not be available or more difficult to obtain with a conviction for theft, whether misdemeanor or felony.
Theft is a 5 year felony if the item taken is an animal, obtained by looting, is a firearm, or is taken from an elderly or mentally disable “vulnerable” person, regardless of the item’s value
How to prove theft by contractor?
In addition to proving the 4 elements of theft, the State must prove:
Imperative to a strong defense in these cases is the maintenance of company records. Your accuser will not be happy and will want to make your life miserable. If you do not have detailed records regarding what funds were used for what purposes, your defense will be a he said/she said examination of the facts. In these kinds of cases you are still presumed innocent until the state can prove you guilty, but it is much more difficult to defend and assert facts without company receipts.
How to prove I stole from a business?
In addition to proving the 4 elements of theft, the State must prove:
Occasionally, less-than-upright business owners and managers will report theft from business to the police so that the managers and owners can do one of many things, including: cover their own reputation and legitimacy if they have been losing money or stealing from the company themselves; write down business losses for tax purposes; and even collect on their insurance policies for the loss. In these situations, you must be prepared to engage in an extensive accounting of what you did and what your former employer thinks you did. We will need to examine and dissect your bank records to prove that you did not take money that was not yours.
How to prove fraud?
In addition to proving the 4 elements of theft, the State must prove:
In these cases, the most difficult element for the state to prove is that you knew you were making a false representation. If you believed what you were saying, then you are not guilty of this offense. Unfortunately, the state will assume that you knew what you were doing was wrong. Even though you are presumed innocent by the law, your defense must be prepared to prove your innocence.
How to prove defrauding someone of their property?
Statutory Definition:
Theft, as defined in section 943.20(1)(d) of the Criminal Code of Wisconsin, is committed by one who obtains title to property of another person by intentionally deceiving an agent of that person with a false representation which is known to be false, made with intent to defraud, and which does defraud the owner of the property.
The State must prove the following elements:
How to prove forgery?
The State must prove 4 elements:
These kinds of cases are normally associated with writing checks. Forgery charges also are commonly associated with theft from business charges. You can be charged with both forgery and theft from business in the same complaint if the State can show that the both charges were not done at the same time and based on the same conduct.
The penalties for Forgery can range from a class A Misdemeanor punishable by 9 months in the county jail, up to a Class H Felony punishable by 3 years in prison.
How to prove issuance of a worthless check?
The State must prove 3 elements:
As with theft, if there are multiple violations, they can be added up so that the felony can be charged. Or, the prosecutor may just pick a few for misdemeanor charges and ask for restitution on the rest. The State may use virtually indisputable evidence that there were insufficient funds in your account or that the account was closed. This is a very common offense but will generally only be charged criminally if the victim makes a serious complaint and presses the issue.
How to prove burglary?
The State must prove 4 elements:
“Intent to steal” requires that you had the mental purpose to take and carry away movable property of another without their consent and that you intended to deprive the owner permanently of possession of the property. The charge becomes aggravated if you are armed upon entry or arm yourself after entering.
How to prove robbery?
The State must prove 4 elements:
The main distinction between robbery and regular theft is the requirement of use of force against a person. Even if you do not actually have a weapon, if the victim reasonably believes that you do, that is enough for a finding of “armed.”
How to prove receipt of stolen property?
The state must prove 2 elements:
Short of a confession, this crime is difficult for the state to prove. It relies almost entirely on your state of mind at the time you received the alleged stolen property. If you did not know that the property was stolen, you have an absolute defense.
How to prove arson?
The State must prove 5 elements:
Absent an eyewitness, Arson is often a difficult charge to prove. Even with witnesses, unless they see you directly ignite the fire, their testimony is usually circumstantial. Often the prosecutor will call witnesses that will testify about a possible motive, such as jealously of an ex-lover, bitterness in a divorce, an attempt to kill occupants of a building, or a desire to get insurance money for the property.
How to prove insurance fraud?
The State must prove 2 elements:
Insurance fraud is a very serious charge in that you are dealing with a very well-funded and highly-motivated plaintiff, an insurance company. It will essentially be two district attorneys prosecuting you for this crime. The insurance company will conduct its own investigation, which will be very thorough, and the police will follow that investigation up in case the insurance company missed anything. These are extremely difficult cases and are very consequential for any future hopes of being insured by a reputable insurance company.
How to prove identity theft?
The state must prove 4 elements:
Identity theft crimes are becoming more and more common place. It is even possible for someone to be charged with this crime because someone else is stealing your identity to perpetuate the fraud. The defense in these kinds of cases must be extremely diligent and thorough in order to ensure that records are legitimate and not fraudulent.
How to prove extortion?
The state must prove 3 elements:
This is commonly referred to as blackmail, and it is illegal. Even if the allegation you want to make is true, it is illegal to demand hush money. The burden to prove your guilt rests on the state and absent a taped encounter, it will be difficult for the state to meet its burden.
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