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Theft Archives

Theft Crimes Forgery

One of the more common theft crimes an individual can commit is the act of Forgery. Forgery, in the Commonwealth of Pennsylvania, is defined under section 4101 of the Pa criminal code. fraud It states that an individual commits the act of forgery if they do any of the flowing with the intent to defraud or injure another: alter a document or any financial instrument without authority to do so; create, make or complete any fake document or financial instrument; use or present a forged document or other forged item for payment or some type of exchange. In the statute, the documents or instruments they are referring to include a whole host of different items such as wills, deeds, or checks. In this case, the "injury" to the other individual does not mean a physical injury. Typically, the injury the other individual suffers is a financial one. There are a lot of different ways an individual can commit the act of forgery. Cashing an altered check, altering the amount on the check, or signing another person's name on a check are fairly common examples of forgery. In these examples, an individual intends to alter the financial instrument to obtain property that did not belong to them. This would constitute fraud or injury to the victim.

Theft Receiving stolen property

Many cases involving theft such as receiving stolen property make their way through the courts each year. fraud defense One of the most common cases involving theft is receiving stolen property. Receiving stolen property is defined under section 3925 of the Pa criminal code. It states that an individual has committed this offense if they intentionally receive moveable property of another knowing that it was stolen or had reason to believe so, unless they received the property with the intention of returning it. Whether you are convicted under this statue depends entirely on one thing: did you know or have reason to believe that the property was stolen? Even if you are not completely sure that the items you received were stolen, the prosecution only needs to prove that you had a reason to believe that the items were stolen. So, what types of things does the prosecution look at show you had reason to believe they were stole? Perhaps they are able to show that you paid way below the retail value for the property or that you went to a non-reputable source to buy it such as a non-licensed street vendor.

Theft Crimes theft by failure to make required disposition

Theft Crimes Statutes such as theft by failure to make required disposition can cover a wide range of different offenses. embezzlement One of those types of theft is theft by failure to make required disposition of funds received. This offense is defined under section 3927 of the Pa criminal code. Essentially, theft by failure to make required disposition of funds received is when an individual enters into a legal agreement with another individual where they agree to make payments in exchange for some type of property, they fail to make those payments but still treat the property they received as if it were their own. The key part of this statute, and what makes it a criminal matter rather than a civil matter, is that the individual intentionally deals with the property as if it were his own and fails to make the payments. For example, let's say a small privately-owned dentist office enters into a contract with a business to purchase a new X-ray machine. They work out some type of payment plan where the dentist agrees to pay a certain amount at the beginning of the month. On the first of the month, the dentist does not make the payment and avoids calls and emails from the company who sold them the X-ray machine. While avoiding payments the dentist treats the X-ray machine as if he had made the payments and actually owned it. The dentist opens himself up to a charge of theft by failure to make required disposition of funds received if he continues to avoid making payments and using the property as if it were his own.

Theft of a motor vehicle

In the state of Pennsylvania, there is a distinction between theft of a motor vehicle and robbery of a motor vehicle. Theft by unlawful taking is defined under 3921 of the Pa criminal code. access device fraud It states that a person commits this offense if an individual is guilty of unlawfully taking, or exercising unlawful control over, movable property of another with intent to deprive thereof. Theft of a motor vehicle is a felony of the third degree and with it comes a sentence of up to seven years in a state prison. Motor vehicle robbery is defined under section 3702 of the Pa criminal code. It is defined as the stealing or taking a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle. This act is often referred to as carjacking and is a more serious offense than theft by unlawful taking. Carjacking is a felony of the first degree and is punishable by a sentence of up to 20 years incarcerated in a state prison.

Theft Insurance Fraud

Insurance fraud is a type of theft criminal offense that is perpetrated by an individual who has the intent to defraud another person, whether it be an agency, insurer, or self-insured individual. The statute for insurance fraud is written under section 4117 of the Pa criminal code. access device fraud The key component of the statute is that the state must prove beyond a reasonable doubt that the individual knowingly tried to defraud anyone. Under this statute there are a number of different ways an individual can attempt to defraud certain agencies. Certainly, the first thing that comes someone's mind when they hear insurance fraud is the depictions of it in mafia movies where the mobster blows up their restaurant and collects the insurance money. That is definitely a type of insurance fraud but there are many other listed acts that are far less exciting than the previously mentioned example. For instance, making false claims on any report that is going to an agency. Let's say an individual's house is burglarized and for insurance purposes they are asked to come up with a list of every item that was taken from their house. If they report anything that was not actually taken, they can be charged with insurance fraud.

Theft Crimes Unauthorized use of an Automobile

There are many statutes under Pennsylvania law dealing with Theft Crimes specifically Unauthorized Use of an automobile. They range from minor traffic violations to DUI to theft of an automobile. Drivers can also find themselves being charged with a motor vehicle violation if they are driving one that does not belong to them and they don't have the owner's permission to do so. burglary Officially, this is known as unauthorized use of an automobile and is defined under section 3928 of the Pa criminal code. This offense is considered a type of theft. Due to this fact, it is a misdemeanor of the second degree which can carry a jail sentence of up to two years. Built into the statute is an affirmative defense. The defense essentially is that the person operating the vehicle had a reasonable belief that the owner would have consented to them using the vehicle had the owner known about it. While it is a type of theft, it is considered a lesser offense than other types of vehicle thefts.

Theft Crimes Access Device Fraud

In the modern era, theft crimes like access device fraud are more prevalent as a result of services like Amazon which have opened up consumers to having their information such as their credit or debit card number being stolen. robbery This is commonly referred to as credit card fraud and can be a huge inconvenience for those have had this happen to them. Officially credit card fraud is written under title 18 section 4106 as access device fraud. An access device encompasses a whole host of various related items such as any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, or personal identification number. In order to prove that a person is in violation of this statute, the Commonwealth must provide evidence that the person obtained property with the knowledge that the access device was fake, altered, canceled, revoked or that they did not have permission to use it.

Theft Crimes Burglary

It is a common misconception that in order to be charged with theft crimes such as burglary that the person must take a piece of property from a building in which they have entered. On the contrary, the prosecution does not need to prove that a person physically took a piece of property, only that they were in a building they did not have permission to be in and had intent to commit a crime when they entered that place. robbery Because intent to commit a crime is the most important factor that needs to be established in order to be convicted under this charge, a good defense against a charge of burglary is that there was no intent to commit a crime when the defendant entered. In that case, a related charge of simple trespassing or criminal trespass may apply better to that particular circumstance. While speaking of defenses for the charge of burglary, the statute itself has three built in defenses. The first defense that is stated in the statute is that the building or structure is abandoned. This means that a charge of burglary would not be appropriate in circumstances where the building in which a person did not have permission to be there was abandoned.

Theft Crimes Insurance Fraud

While almost all theft crimes deal with an allegation of a theft or burglary, there are crimes like Insurance Fraud which are somewhat different than generic theft crimes. access device fraud Insurance fraud is different than typical theft cases because the victim in insurance fraud cases is an insurance company. The victims in generic theft crime cases are typically individuals or businesses. Accordingly, insurance fraud cases are almost always prosecuted by the Attorney General's Office when the fraud is alleged to have occurred in the Commonwealth of Pennsylvania. Although there are many different types of fraud, insurance fraud deals with fraud committed to an insurance company. Common types of insurance fraud include automobile accidents, arson to a business or home, health care, and worker's compensation. These crimes are committed with the intent to collect money from an insurance company by falsifying events or incidents regarding an accident or damage. Some falsified incidents include one who exaggerated estimates of damage, underreported information, or creates false claims.

Understanding the Definitions of Theft and Theft Crimes

Theft Crimes come in various shapes and sizes so it can be difficult for criminal defendants attempting to gain an understanding of the definitions of theft under Pennsylvania Law. identity theft Chapter 39 under Title 18 lists all crimes related to these crimes. Specifically, Subchapter B under Chapter 39 individually lists the specific definitions of these separate offenses. There are different definitions of theft, as it can pertain to different things. These charges can pertain to the taking of items such as money and firearms and other types of movable property, deprivation of services, theft from financial institutions, governmental entities or businesses. Common charges include theft deprivation, taking from financial institutions, and the taking of property. Deprivation is defined as disposing of property, so the owner cannot retain it, and withholding property for a long period of time. Financial institutions theft involves institutions including banks, insurance companies, credit unions, loan associations, and investment trust. Theft of property can include anything of value including real estate, intangible and tangible personal property, and property rights.

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