Practice Areas

Theft Crimes

Theft can be charged when a person does any of the following commits theft and may be sentenced:

(1) 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; or

*There are 15 other subdivisions defining theft but the subdivision one is the most commonly charged.  

A person will be sentenced to a Felony and to imprisonment for not more than 20 years or payment of a fine of not more than $100,000, or both if the property taken is a firearm.  They can also be sentenced to a Felony with imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, 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 section 152.02 with the exception of marijuana; or to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02.

The person will be sentenced to a gross misdemeanor with imprisonment for not more than one year or  payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000.

The person will be sentenced to a misdemeanor in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or  payment of a fine of not more than $1,000.

See 609.52

Receiving Stolen Property except as otherwise provided in section 609.526, any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery, may be sentenced in accordance with the provisions of section 609.52, subdivision 3.

Penalties are similar to theft statute with a Felony charged if the amount was more than $1,000 with a maximum sentence of 5 years in prison and a $10,000 fine.  If the amount was more than $500 but less than $1,000 a gross misdemeanor will be charged with a maximum sentence of 365 days in jail and a $1000 fine.  If the amount is less than $500 then a misdemeanor will be charged with a maximum sentence of 90 days in jail and a $1000 fine.

*Special sentencing provisions may apply if the item received was a firearm or controlled substances and if the person has a prior record for thefts.  

See Minn. Stat. 609.53

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