From shoplifting to embezzlement, our Mankato theft defense attorneys
examine every piece of evidence and challenge the prosecution’s case
throughout.
Theft charges in Minnesota encompass a wide range of offenses, from petty shoplifting to large-scale embezzlement and fraud. Regardless of the amount involved, a theft conviction carries serious consequences including potential jail time, fines, restitution and a criminal record that brands you as dishonest, a label that can devastate your career and personal relationships.
At Birkholz Law, our criminal defense attorneys handle all types of theft cases and understand the defenses available under Minnesota law. We examine the evidence careful ly, challenge the prosecution’s assumptions, and fight for outcomes that protect your future.
Minnesota classifies theft offenses by the value of the property involved, with penalties ranging from misdemeanor for thefts under $500 to felony charges for thefts over $5,000. Certain types of theft, such as theft from a vulnerable adult or theft of a firearm, carry enhanced penalties regardless of the value involved.
Minnesota’s theft statute (Minn. Stat. § 609.52) classifies theft offenses by the value of the property taken and the circumstances of the offense. Theft of property valued at more than $35,000 is a felony carrying up to 20 years in prison and a $100,000 fine. Theft of property valued between $5,000 and $35,000 is a felony carrying up to 10 years and a $20,000 fine.
Theft of property valued between $1,000 and $5,000 is a felony carrying up to 5 years and a $10,000 fine. Theft of property valued between $500 and $1,000 is a gross misdemeanor carrying up to 364 days and a $3,000 fine. Theft of property valued under $500 is a misdemeanor carrying up to 90 days and a $1,000 fine.
Certain theft offenses carry enhanced penalties regardless of the value. Theft from a vulnerable adult (Minn. Stat. § 609.2335) is a felony. Theft of a firearm is a felony carrying up to 5 years. Identity theft (Minn. Stat. § 609.527) carries penalties based on the number of victims and the amount of loss.
Our attorneys defend clients against the full spectrum of theft charges including shoplifting and retail theft, burglary (Minn. Stat. § 609.582), robbery (Minn. Stat. § 609.24), embezzlement, identity theft, check fraud and financial crimes, receiving stolen property, motor vehicle theft and theft by swindle or fraud.
Each type of theft charge has unique elements and defenses. For example, shoplifting cases often involve issues of intent, did the client intend to steal, or was there a misunderstanding? Embezzlement cases involve complex financial evidence that requires careful analysis. Burglary charges require proof that the defendant entered a building without consent with intent to commit a crime inside. Our attorneys know how to identify and exploit weaknesses in the prosecution’s case for each type of theft charge.
Lack of intent is one of the most common defenses in theft cases. The prosecution must prove that you intended to permanently deprive the owner of their property. If you believed you had permission to take the property, if you intended to return it or if the taking was accidental, you may have a valid defense.
Other effective defenses include challenging the identification of the defendant (particularly in shoplifting cases relying on surveillance footage), disputing the value of the allegedly stolen property (which can affect the degree of the charge), asserting a claim of right or ownership, and challenging the chain of custody of evidence.
For first-time offenders, we aggressively pursue diversion programs and continuances for dismissal that can result in charges being dropped without a conviction. Minnesota’s stay of adjudication provisions may be available for certain theft offenses, allowing the case to be dismissed upon successful completion of probation.
A college student at Minnesota State University, Mankato, is shopping for groceries at a local supermarket. Money is tight, and on a dare from a friend, she slips a high-end bottle of wine into her backpack. As she tries to leave, a store security guard stops her and asks to see her bag. Panicked, she initially denies everything, but the guard finds the wine. The police are called, and she is issued a citation for misdemeanor theft under Minn. Stat. § 609.52. She’s terrified and doesn’t know what to do. She’s worried about her scholarship, her part-time job and what her parents will think. She considers just paying the fine to make it all go away, not realizing that a theft conviction on her record could have long-lasting consequences.
Many people in this situation make critical mistakes. They talk to the police without a lawyer, hoping to explain their way out of it, but they often end up admitting to the crime. They plead guilty at their first court appearance without understanding the full consequences of a conviction. They don’t realize that a theft conviction, even for a misdemeanor, can make it difficult to find a job, rent an apartment or even get a professional license. They are unaware of options like a continuance for dismissal or a diversion program, which could keep their record clean. The student in our scenario is about to learn that what seems like a minor mistake can have major repercussions.
An experienced criminal defense attorney understands the local Blue Earth County’s justice system. The first thing an attorney does is advise the student to remain silent and not make any further statements. The attorney will then obtain all the evidence from the prosecutor, including the police reports and any surveillance video. They will analyze the evidence for weaknesses, such as whether the security guard had a clear view or if the student’s rights were violated. The attorney will then negotiate with the prosecutor for a favorable outcome, such as a diversion program that, if completed successfully, would result in the charge being dismissed. This proactive approach is the difference between a youthful mistake and a permanent criminal record.
A conviction for a theft crime in Minnesota carries consequences that extend far beyond any jail time or fines. For many, the most severe penalties are the collateral ones that affect their daily lives for years to come. A theft conviction can make it incredibly difficult to find safe and affordable housing. Landlords often run background checks and may deny a rental application based on a theft conviction, viewing it as a sign of untrustworthiness. This can be a significant barrier to finding a place to live, especially in a competitive rental market.
Employment opportunities can also be severely limited. Many employers conduct background checks, and a theft conviction can be a major red flag, particularly for jobs that involve handling money or working in a position of trust. Under Minn. Stat. § 364.03, a conviction cannot be an absolute bar to employment unless it directly relates to the job, but employers often find ways to deny employment to those with a criminal record. This can lead to a cycle of unemployment or underemployment, making it difficult to support oneself and one’s family.
A felony-level theft conviction will result in the loss of firearm rights under both state and federal law. For many Minnesotans, this is a significant loss of a constitutional right. Furthermore, a theft conviction can impact educational opportunities. Students may be denied admission to certain programs or lose scholarships. Immigration status can also be jeopardized. A theft conviction can be considered a crime involving moral turpitude, which can lead to deportation, even for lawful permanent residents. Finally, in family court, a theft conviction can be used against a person in a child custody dispute, suggesting a lack of moral character.
The cumulative effect of these collateral consequences can be devastating. They can create a permanent underclass of people who are unable to fully participate in society, long after they have paid their debt to the court. This is why it is so critical to fight a theft charge from the very beginning. An experienced attorney can help you understand and navigate these potential consequences, and work to achieve an outcome that protects your future.
“If I pay for the item later, it’s not theft.” This is a common and dangerous misconception. Under Minn. Stat. § 609.52, the crime of theft is complete the moment you take the property with the intent to permanently deprive the owner of it. Returning the property or paying for it later may be a mitigating factor in sentencing, but it is not a defense to the charge itself. The prosecutor can still prove you committed theft, even if you eventually made things right.
“It’s not theft if the property is not worth much.” The value of the property stolen only determines the severity of the charge, not whether a crime was committed. Stealing a candy bar is still theft, just as stealing a car is. A theft of property valued at $500 or less is a misdemeanor, but it is still a criminal offense that will appear on your record. And if you have prior theft convictions, a low-value theft can be enhanced to a more serious charge.
“If I didn’t leave the store, I can’t be charged with shoplifting.” You do not have to leave the store to be charged with shoplifting. Concealing an item with the intent to steal it is enough. For example, if you put an item in your pocket or purse and walk past the last point of sale, you can be arrested and charged with theft. The law does not require you to successfully get away with the property.
“I can’t be convicted of theft if there are no witnesses.” While eyewitness testimony is powerful evidence, it is not required to secure a conviction. Circumstantial evidence can be just as compelling. For example, if you are found in possession of stolen property shortly after it was taken, a jury can infer that you are the one who stole it. Surveillance video, even if it doesn’t show the actual theft, can also be used to build a case against you.
When you are accused of a theft crime in Minnesota, you have fundamental rights protected by both the United States and Minnesota Constitutions. The most important of these is the right to remain silent. You are not required to answer questions from the police or anyone else about the alleged crime. You should politely decline to answer any questions and immediately ask for a lawyer. Anything you say can and will be used against you, so it is almost always in your best interest to say nothing at all.
You also have the right to an attorney. If you cannot afford an attorney, one will be appointed for you at public expense. This right attaches as soon as you are in custody and being questioned. You should invoke this right immediately. An experienced criminal defense attorney can protect you from making incriminating statements and ensure that your other rights are not violated. The presence of a lawyer can level the playing field and prevent the police from taking advantage of you.
The Fourth Amendment to the U.S. Constitution and Article I, Section 10 of the Minnesota Constitution protect you from unreasonable searches and seizures. This means that the police generally cannot search you or your property without a warrant, or unless an exception to the warrant requirement applies. For example, in State v. Diede, 795 N.W.2d 836 (Minn. 2011), the Minnesota Supreme Court held that the odor of alcohol alone is not enough to justify a warrantless search of a vehicle. If evidence is obtained in violation of your Fourth Amendment rights, your attorney can file a motion to suppress that evidence, which could lead to the dismissal of your case.
Finally, you have the right to a jury trial, the right to confront the witnesses against you and the right to be presumed innocent until proven guilty beyond a reasonable doubt. The prosecutor has the burden of proving every element of the offense. This is a high burden, and a skilled defense attorney can challenge the prosecutor’s case throughout. These rights are the bedrock of our criminal justice system, and it is essential that you have an attorney who will vigorously defend them.
Winning a theft case in Minnesota requires a thorough investigation of the facts and a experience with the law. One of the most effective defense strategies is to challenge the element of intent. Under Minn. Stat. § 609.52, the prosecutor must prove that you intended to permanently deprive the owner of their property. If you can show that you took the property by mistake, or that you intended to return it, you may be able to defeat the charge. For example, if you walked out of a store with an item in your cart that you forgot to pay for, you may have a valid defense that you lacked the requisite intent.
Another powerful defense is to challenge the evidence itself. This can involve filing a motion to suppress evidence that was obtained in violation of your constitutional rights. For example, if the police conducted an illegal search of your car and found stolen property, your attorney can argue that the evidence should be excluded from trial. In State v. Gauster, 752 N.W.2d 496 (Minn. 2008), the Minnesota Supreme Court suppressed evidence found during a search that exceeded the scope of the defendant’s consent. Without the suppressed evidence, the prosecutor may not have enough to proceed with the case.
In some cases, the best defense is to challenge the value of the property stolen. The value of the property determines the severity of the charge, so if you can show that the property is worth less than the prosecutor claims, you may be able to get the charge reduced. For example, if you are charged with felony theft for stealing an item the prosecutor claims is worth $1,500, but you can prove it is only worth $800, the charge could be reduced to a gross misdemeanor. This can have a significant impact on the potential penalties you face.
Finally, a skilled defense attorney will explore all possible diversionary options. For less serious theft offenses, it may be possible to negotiate a continuance for dismissal or a diversion program. These programs typically require you to remain law-abiding for a period of time, pay restitution and complete some community service. If you successfully complete the program, the charge is dismissed and does not appear on your criminal record. This is often the best possible outcome for a first-time offender, and an experienced attorney will know how to present your case to the prosecutor in a way that maximizes your chances of being offered one of these programs.
Potentially. If you borrow property with the intent to return it but later decide to keep it, you could be charged with theft by temporary taking or theft by failure to return. However, the prosecution must prove that you formed the intent to permanently deprive the owner of the property. Our attorneys challenge these cases by examining the circumstances and your stated intentions.
Theft is the taking of another person’s property without consent. Burglary is entering a building without consent with the intent to commit a crime inside, the crime intended does not have to be theft. You can be charged with burglary even if you did not actually steal anything, as long as the prosecution can prove you entered with criminal intent.
A theft conviction can significantly impact employment opportunities, particularly in fields involving financial responsibility, access to sensitive information or positions of trust. Many employers conduct background checks and may disqualify candidates with theft convictions. Our attorneys fight to avoid convictions and pursue expungement when possible to minimize the long-term impact.
Depending on the severity of the offense and the time elapsed since the conviction, some theft convictions may be eligible for expungement under Minnesota law. Our attorneys can evaluate your eligibility and help you pursue a clean record.
Theft, under Minn. Stat. § 609.52, is the unlawful taking of property. Burglary, under Minn. Stat. § 609.582, involves entering a building without consent with the intent to commit a crime, such as theft, inside.
Yes. Under Minn. Stat. § 609.52, subd. 2(6), if you find lost property and know who the owner is, or have a reasonable way of finding out, you must make a reasonable effort to return it. If you keep it for your own use, you can be charged with theft.
A diversion program is an alternative to traditional prosecution. It allows a person accused of a crime to have their charge dismissed if they complete certain conditions, such as paying restitution, completing community service and remaining law-abiding. It is a way to keep a conviction off your record.
Restitution is money paid to the victim of a crime to compensate them for their financial losses. In a theft case, this is typically the value of the property stolen. Payment of restitution is often a condition of probation or a diversion program.
Yes, in many cases a theft conviction can be expunged. The process is governed by Minn. Stat. Chapter 609A. Whether you are eligible for an expungement depends on the level of the offense, how much time has passed and other factors. An attorney can help you determine if you are eligible and guide you through the process.
Embezzlement is a form of theft, and you should take it very seriously. You should immediately contact an experienced criminal defense attorney. Do not talk to your employer or the police without a lawyer present. An attorney can protect your rights and help you handle process.
Protect your future. Contact Birkholz Law today to speak with a theft
defense attorney in Mankato.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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