Omaha Theft Crime Lawyer
Experienced Defense Against Theft Crimes in Nebraska
Are you facing an investigation into a theft crime or have you already been arrested? You most likely have questions and concerns about how this will affect your life and how best to handle the situation. A theft accusation is a serious matter that can have a negative impact on your future and, in many cases, your freedom. Not only will you face criminal penalties, but future opportunities can be lost or denied when a theft conviction is found on your record through a standard background check. Furthermore, if you are not a U.S. citizen, a theft conviction can impact your immigration status.
Common Types of Theft Crimes
A theft crime refers to an unlawful act where someone takes another person’s property without permission and with the intent to permanently deprive them of it. In Nebraska, as in other states, theft crimes can vary in severity based on factors such as the value of the stolen property, the method used to commit the crime, and whether force or deception was involved.
Nebraska theft crimes include:
- Shoplifting – The act of unlawfully taking merchandise from a retail store without paying for it. This includes concealing items, switching price tags, or manipulating a self-checkout system to avoid payment.
- Burglary – Illegally entering a building or structure with the intent to commit a crime, typically theft. Burglary does not require actual theft to occur; the intent to commit a crime inside is sufficient.
- Robbery – The use of force, intimidation, or threats to take property directly from another person. Unlike burglary, robbery involves direct interaction with the victim.
- Identity Theft – The unauthorized use of someone’s personal information (such as Social Security numbers or credit card details) to commit fraud or obtain financial benefits.
- Grand Theft – The unlawful taking of property valued above a certain amount (often determined by Nebraska state law). Grand theft is typically charged as a more serious offense than petty theft.
- Auto Theft – The act of stealing a motor vehicle, such as a car or truck, without the owner’s consent. This includes joyriding, where someone takes a vehicle temporarily but without the intent to return it lawfully.
- Embezzlement – The theft or misappropriation of funds or property by someone in a position of trust, such as an employee stealing money from their employer.
What are the Penalties for Theft Crimes in Nebraska?
The state penalties for theft crimes vary based on the value of the stolen property and the circumstances of the offense. Theft crimes are categorized into misdemeanors and felonies, with penalties ranging from fines and probation to significant prison sentences.
For minor theft offenses, commonly referred to as petty theft, when the value of the stolen property is less than $500, the crime is classified as a Class II Misdemeanor. The penalties for this offense include up to six months in jail and/or a fine of up to $1,000. If the value of the stolen property is between $500 and $1,499, the charge increases to a Class I Misdemeanor, which carries a penalty of up to one year in jail and/or a fine of up to $1,000.
More serious theft offenses are considered felonies, with harsher punishments based on the value of the stolen goods. Theft of property valued between $1,500 and $4,999 is classified as a Class IV Felony, punishable by up to two years in prison, 12 months of post-release supervision, and/or a fine of up to $10,000. If the stolen property is worth between $5,000 and $49,999, the offense is considered a Class IIA Felony, which can result in a prison sentence of up to 20 years. Theft involving property valued at $5,000 or more, particularly in severe cases, is also charged as a Class IIA Felony, carrying the same maximum sentence of 20 years in prison.
Certain types of theft crimes carry specific penalties. Shoplifting penalties depend on the value of the stolen merchandise, following the same classifications as general theft crimes, though repeat offenders may face enhanced consequences. Auto theft is typically charged as a felony, with penalties determined by the vehicle's value. Burglary, which involves unlawfully entering a building with intent to commit a crime, is a Class IIA Felony, punishable by up to 20 years in prison. Robbery, which involves force or intimidation, is considered a Class II Felony, carrying a prison sentence of 1 to 50 years. Identity theft penalties vary based on the financial harm caused, but the offense is generally charged as a felony.
For repeat offenders or individuals involved in organized theft operations, Nebraska law allows for enhanced penalties. Courts may also order restitution payments, requiring convicted individuals to compensate victims for their financial losses.
Contact Our Theft Crime Attorney in Omaha Today
For many reasons, it is important to bring your case to a trusted and experienced defense attorney. At Michael J. Fitzpatrick, Attorney at Law, our Omaha theft crimes defense lawyer has helped thousands of individuals throughout more than 20 years of practice. As a former police officer, as well as former prosecutor, Michael J. Fitzpatrick provides a unique skill set and background experience that gives our firm an advantage when handling any criminal accusation.
Understanding the charges levied against you in any theft case is essential, as is the need for a strong defender who can thoroughly investigate the circumstances surrounding your arrest. At Michael J. Fitzpatrick, Attorney at Law, we have the legal skills and resources needed to aggressively represent your best interests throughout the entirety of the criminal justice process.
Call (402) 809-5008 to schedule your free case review today.
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