Minnesota Theft Lawyer on What a Charge Under Minn. Stat. § 609.52 Means for You
You never thought you would be in this position. One minute, life is normal, and the next, you’re facing a criminal charge for theft. Maybe it was a simple misunderstanding at a self-checkout lane. Perhaps you were in a desperate financial situation and made a choice you regret. Or maybe you’ve been falsely accused by a bitter ex-partner, a coworker with a grudge, or a business associate. Whatever the circumstances, the ground has shifted beneath your feet. You’re now caught in a legal system that feels overwhelming, impersonal, and frightening. The accusation alone feels like a judgment, and the thought of having a criminal record looms over every aspect of your life.
A theft charge in Minnesota is far more than a slap on the wrist. Depending on the alleged value of the property or services, you could be facing anything from a misdemeanor to a serious felony carrying years in prison and crippling fines. The prosecution is not interested in your side of the story; their job is to secure a conviction. You need someone in your corner whose only job is to fight for you. I have defended people against theft allegations across the state of Minnesota, from the busy courthouses in Minneapolis and St. Paul to communities in Rochester, Duluth, St. Cloud, and the surrounding suburbs. I understand the tactics prosecutors in Hennepin County, Ramsey County, and Olmsted County use. You do not have to face this alone. Your reputation, your freedom, and your future are worth fighting for.
What “Theft” Actually Means in Minnesota
In Minnesota, the legal definition of theft is incredibly broad. It covers far more than the classic image of shoplifting or picking someone’s pocket. When you are facing Minnesota theft charges, it means the state believes you intentionally took, used, transferred, concealed, or retained property belonging to someone else without their consent, and that you did so with the intent of depriving them of that property. The property doesn’t have to be a physical object; it can include services, utilities like electricity, motor vehicles, and even digital information. The key elements that turn a simple property dispute into a criminal offense are your intent and the lack of consent.
The theft statute, Minn. Stat. § 609.52, outlines nearly twenty different ways a person can commit this offense. This includes everything from straightforward shoplifting and gas station drive-offs to complex financial crimes like theft by swindle, embezzlement, or wage theft. You could be charged for failing to return a rental car, writing a bad check with fraudulent intent, or even taking property you co-own if it deprives another person of their superior right to it. Because the law is so expansive, it’s easy to get caught in its net, even when your actions were not meant to be criminal. Understanding the specific type of theft you are accused of is the first step toward building a powerful defense.
The Law on Theft — Straight from Minnesota Statute § 609.52
To effectively fight your charge, you must first understand the law that the state will use against you. The entire case revolves around the specific language in Minnesota’s main theft statute. It is a long and complex law that defines the different types of theft and sets the penalties based on value and other circumstances. The controlling law for your case is Minnesota Statute § 609.52, titled simply “Theft.”
The section below, Subdivision 2, lists the specific actions the government considers to be theft. Your charge will be based on one or more of these definitions.
609.52 THEFT. Subd. 2.Acts constituting theft.
(a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:
(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
(2) …intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession…; or
(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation…; or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only…
…and so on for 19 total clauses defining different acts of theft.
Breaking Down the Legal Elements of Theft in Minnesota
A prosecutor cannot just accuse you of theft and expect a conviction. They carry the heavy burden of proving every single part of the charge against you beyond a reasonable doubt. These parts are called “legal elements.” If I can show that the state has failed to prove even one of these elements, their case falls apart. A successful defense is built by meticulously examining each element and identifying the prosecution’s weakest points. This is where we attack the foundation of their case.
- The Act: The state must first prove you committed a prohibited act. This isn’t limited to just physically taking something. Under Minnesota law, the act of theft can be taking, using, transferring, concealing, or retaining possession of property. It also includes more complex actions, such as obtaining property by deception or swindling (like a fraudulent business deal), failing to return rented property as agreed, altering serial numbers to hide ownership, or obtaining services like cable or hotel rooms without paying. The specific act you are accused of will determine the exact defense strategy we employ.
- The Property of Another: The item or service involved must have belonged to “another.” This seems simple, but the legal definition is broad. It includes property you might be a co-owner of if someone else (like a bank with a lien) has a superior right to it. “Property” itself is widely defined to include tangible items, documents, pets, electricity, gas, water, and even digital “articles” representing trade secrets. The prosecution must clearly establish that the property belonged to someone else and that you had no right to it.
- Without Consent: This is a crucial element. The act must have been performed without the owner’s permission. Consent can be explicit (“You can borrow my car”) or implied by the circumstances. If you had a reasonable and good-faith belief that you had permission to take or use the property, even if that belief was mistaken, it can serve as a powerful defense. The prosecution must prove you knew you did not have the owner’s consent to engage in the act.
- The Intent: This is often the most critical element and the hardest for the prosecution to prove. You must have acted with a specific criminal intent: the intent to deprive the owner of their property. This can mean permanently, or in some cases, temporarily in a way that shows indifference to the owner’s rights (like taking a car for a joyride). If you took something by mistake, such as accidentally walking out of a store with an item in your cart, you did not have the required criminal intent, and therefore, you did not commit theft.
Penalties for a Theft Conviction in Minnesota Can Be Severe
In Minnesota, the penalties for a theft conviction are directly tied to the monetary value of the property or services stolen. The state uses a tiered system, meaning what could be a minor misdemeanor for a low-value item can quickly become a life-changing felony for a high-value one. Prosecutors in cities like Bloomington, Plymouth, and Eagan will push for harsh penalties, arguing that it’s necessary to deter others. Understanding this sentencing structure is vital to grasping the seriousness of what you’re facing.
Felony Theft
This is the most serious category, reserved for high-value thefts or certain types of property.
- Over $35,000: Up to 20 years in prison and/or a $100,000 fine.
- Over $5,000: Up to 10 years in prison and/or a $20,000 fine. This also applies to theft of a trade secret, explosives, or certain controlled substances.
- Over $1,000 (up to $5,000): Up to 5 years in prison and/or a $10,000 fine. This level also applies to theft of a motor vehicle or if you have a prior theft-related conviction.
Gross Misdemeanor Theft
If the value of the stolen property or services is more than $500 but not more than $1,000, the offense is a gross misdemeanor. A conviction can lead to a sentence of up to 364 days in jail and/or a fine of up to $3,000.
Misdemeanor Theft
This is the lowest level of theft. If the value of the property or services is $500 or less, the crime is a misdemeanor. A conviction is punishable by up to 90 days in jail and/or a fine of up to $1,000. While it may seem minor, a misdemeanor conviction for a crime of dishonesty can have a major impact on your life.
What Theft Looks Like in Real Life — Common Scenarios in Minnesota
Theft charges arise from countless everyday situations, many of which start as a simple mistake or a moment of poor judgment. The broadness of the law means actions you might not consider “stealing” can lead to a criminal charge. Here are some real-world scenarios that frequently result in theft charges across Minnesota.
The Shoplifting Mistake at a Brooklyn Park Retailer
You’re shopping at a large retail store in a busy suburb like Brooklyn Park or Maple Grove. Your cart is full, your kids are restless, and you’re distracted. You miss an item at the bottom of your cart during checkout. As you walk out, a loss prevention officer stops you. Despite your genuine mistake and offer to pay, they follow a zero-tolerance policy and call the police. You are now charged with misdemeanor theft, accused of intentionally concealing property with the intent to steal.
The Construction Project Swindle in Rochester
You’re a homeowner in Rochester who hired a contractor for a major kitchen remodel. You paid a $20,000 deposit to cover materials and labor. The contractor demolished your old kitchen but then vanished. The phone numbers are disconnected, and the business address is empty. This isn’t just a civil dispute; it’s a potential felony theft by swindle. The contractor obtained your money through a “promise made with intent not to perform,” a specific form of theft under Minnesota law.
The Unreturned Rental Equipment in St. Cloud
To save money on a landscaping project, you rent a high-end wood chipper worth $6,000 from a rental center in St. Cloud. The rental agreement was for three days. A month has passed, and you still haven’t returned it. You’ve ignored the store’s calls and certified letters demanding its return. Under the law, failure to return leased property after a formal demand is evidence of intent to wrongfully deprive the owner, and you could face felony theft charges.
The Employee Embezzlement in Downtown Minneapolis
You work as an office manager for a small firm in downtown Minneapolis and are responsible for ordering supplies. For months, you’ve been ordering extra laptops and other electronics on the company account and selling them online. You alter the invoices to hide the purchases. When an audit uncovers the discrepancy, you are investigated for theft. The total value of the items is over $10,000, exposing you to a serious felony charge that could end your career and send you to prison.
Legal Defenses That Might Work Against Your Theft Charge
Being charged with theft can make you feel powerless, but you are not. The prosecution’s case is often not as solid as it first appears. An accusation is just one side of the story. My job is to find the weaknesses in their evidence, challenge their narrative, and present the facts in a way that protects you. A strong defense is proactive, not reactive. It starts with a thorough investigation of every detail of your case.
From there, we build a defense strategy tailored to your specific situation. Did you truly intend to steal? Did you have a right to the property? Is the prosecution mistaken about who committed the act or the value of the goods? These are the questions that can unlock a successful defense. You have rights, and there are powerful legal arguments we can make to fight for a dismissal, an acquittal, or a reduction in charges.
Defense Strategy: Lack of Criminal Intent
The cornerstone of any theft case is intent. The prosecutor must prove beyond a reasonable doubt that you intended to steal. If we can show that you acted out of mistake, distraction, or without the necessary criminal mindset, the charge cannot stand.
- It was a genuine mistake. You were shopping in a busy store like the Mall of America, got distracted by a phone call, and simply forgot about the item in your shopping cart. This isn’t theft; it’s an accident. We can use store surveillance footage and your own testimony to show a lack of intent.
- You intended to pay for the service. Perhaps you left a restaurant or taxi in a hurry, fully intending to come back and pay, but were unable to. This defense aims to show that your actions were not meant to permanently deprive the business of its payment.
Defense Strategy: You Had a Claim of Right
You cannot be guilty of theft if you had a good-faith belief that you were legally entitled to the property. This “claim of right” defense can be powerful in situations that arise from business, personal, or property disputes.
- There was an ownership dispute. You took an item from a shared home after a breakup, believing it was your property. Or, in a business context, you withheld funds you believed you were owed as a commission or fee. If your belief was honest and reasonable, it negates the criminal intent.
- You believed you had consent. You borrowed an item from a friend or family member, reasonably believing you had their permission. Even if they later changed their mind and reported it stolen, your initial state of mind is what matters.
Defense Strategy: Challenging the Alleged Value
The severity of a theft charge hinges on the value of the property. Prosecutors often rely on the retail price of new items, which may not reflect the actual value of the property that was taken. Aggressively challenging the valuation can be a key strategy.
- The property was overvalued. The state claims you stole a $1,200 laptop, making it a felony. However, the laptop was five years old and in poor condition, with a true market value closer to $200. By proving the lower value with evidence, we can fight to have the charge reduced from a felony to a misdemeanor.
- The value of services is speculative. In a theft of services case, the prosecution might struggle to assign a concrete dollar amount. We can argue that their valuation is inflated or lacks a proper foundation, creating reasonable doubt.
Defense Strategy: You Are Falsely Accused
It is a terrible reality that people are sometimes falsely accused of crimes they did not commit. This can be due to mistaken identity or a malicious accuser with a motive to lie.
- It was a case of mistaken identity. Eyewitness testimony can be unreliable. Perhaps you match the general description of the person seen on a security camera, but it wasn’t you. We can use alibis, receipts, and cell phone data to prove you were somewhere else at the time of the alleged theft.
- The accuser is lying. In an embezzlement or internal theft case, the real culprit might frame a coworker to deflect blame. In a domestic situation, a former partner might file a false report out of anger or revenge. We would work to expose the accuser’s motive and lack of credibility.
Minnesota Theft FAQs — Your Pressing Questions Answered
When you’re facing a theft charge, you have a million questions running through your mind. Here are straightforward answers to some of the most common ones I hear.
Will I go to jail for a theft charge in Minnesota?
It depends on the severity of the charge. For a felony, prison time is a real possibility. For misdemeanors and gross misdemeanors, especially for a first offense, a skilled attorney can often negotiate for alternatives like probation, community service, and fines instead of jail. My primary goal is always to keep you out of jail.
Can a theft charge be dismissed?
Yes. A dismissal is the best possible outcome, and it is often achievable. We can file motions to dismiss if the evidence is weak or was obtained illegally. We can also negotiate with the prosecutor for a “continuance for dismissal,” where the charge is dropped after you stay law-abiding for a period of time.
Do I really need a lawyer for a misdemeanor shoplifting charge in Eagan?
Absolutely. A misdemeanor theft conviction is still a crime of dishonesty that creates a permanent criminal record. It can prevent you from getting a job, renting an apartment, or obtaining a professional license. Do not make the mistake of thinking it’s “just a misdemeanor.” You need a lawyer to protect your record and your future.
How is the value of the stolen property determined?
The statute defines “value” as the retail market value at the time of the theft. If that can’t be determined, it’s the cost of replacement. This is often a point of contention. An attorney can challenge the prosecution’s valuation by presenting evidence of the item’s age, condition, or actual market price.
What does “aggregating” value mean?
If you are accused of committing multiple thefts within any six-month period, the prosecutor can add up the value of all the items and charge you with one single offense at that higher total value. This can turn a series of misdemeanors into a felony, which is why it’s critical to have a lawyer review the state’s claims.
What is theft by swindle?
Theft by swindle is obtaining property or services from someone through a trick, artifice, or deception. It often involves scams or fraudulent business dealings where you make a promise with no intention of ever fulfilling it, such as taking a down payment for work you never planned to do.
Can I be charged with theft for taking something I co-own?
Yes. The law includes “property in which the actor is co-owner” under the definition of “property of another” if another person or entity (like a spouse in a divorce or a bank with a car loan) has a superior right of possession. Taking that property with the intent to deprive the other party of their rights can be theft.
What happens if I am not a U.S. citizen?
A theft conviction can have devastating immigration consequences. It is often considered a “crime involving moral turpitude” (CIMT), which can make you deportable, prevent you from re-entering the U.S., and block you from obtaining a green card or citizenship. It is absolutely essential to fight the charge with an attorney who understands these risks.
Can a theft conviction be expunged from my record in Minnesota?
Maybe. While some theft convictions can be expunged, the process is complicated and not guaranteed. It is far better to fight the charge from the beginning to avoid a conviction altogether. A dismissal or acquittal means there is no criminal record to worry about in the first place.
What is the difference between theft and robbery?
Theft is taking property without consent. Robbery is taking property from a person’s presence by using or threatening the imminent use of force. The element of force or threat of force is what elevates the crime from theft to the much more serious offense of robbery.
I was charged with wage theft. What does that mean?
Wage theft occurs when an employer, with intent to defraud, fails to pay an employee the wages they are legally owed. This can include not paying for all hours worked, illegally withholding tips, or forcing an employee to give back a portion of their pay. Minnesota has strengthened its wage theft laws, and employers can face serious criminal penalties.
What is a “civil compromise”?
Sometimes, it may be possible to pay back the victim for their loss (restitution) in exchange for the prosecutor agreeing to dismiss the criminal charges. This is not always an option and requires careful negotiation by your attorney to ensure that paying restitution actually results in the dismissal you need.
How long does the state have to charge me with theft?
This is determined by the statute of limitations. For most felony thefts in Minnesota, the state has three years from the date of the offense to file charges. For misdemeanors and gross misdemeanors, it is typically shorter.
I’m innocent. Shouldn’t I just explain my side of the story to the police?
No. You should never speak to the police without an attorney present. Anything you say can and will be used against you. Police are trained to elicit incriminating statements. Your best course of action is to politely state that you wish to remain silent and want to speak with a lawyer.
How much does it cost to hire a theft defense attorney?
The cost will vary depending on the complexity of your case and whether it is a misdemeanor, gross misdemeanor, or felony. I offer a consultation to discuss your case and provide a clear understanding of the legal fees involved. An investment in a strong defense is an investment in protecting your entire future.
What a Theft Conviction Could Mean for the Rest of Your Life
The sentence a judge imposes is only the beginning of your problems. A theft conviction is a “crime of dishonesty,” a label that carries a deep stigma and can slam doors in your face for years to come. These collateral consequences are often more punishing than the fine or probation itself. You need to understand exactly what is at stake.
A Permanent Criminal Record and Job Prospects
In today’s digital world, a background check is a standard part of nearly every job application. A theft conviction on your record immediately raises a red flag for potential employers. It tells them you can’t be trusted with money, inventory, or responsibility. This can make you unemployable in a vast number of fields, including retail, finance, healthcare, and any position that involves handling cash or sensitive information. It can effectively kill your career aspirations.
Professional Licensing Consequences
If you hold a professional license—as a nurse, teacher, accountant, real estate agent, lawyer, or in dozens of other fields—a theft conviction can lead to disciplinary action, including suspension or even permanent revocation of your license. The licensing board will see the conviction as a fundamental breach of the ethical standards required of your profession, destroying the career you worked so hard to build.
Immigration Consequences for Non-Citizens
For anyone who is not a U.S. citizen, including green card holders, a theft conviction can be a catastrophe. It is often classified as a “crime involving moral turpitude,” which is a deportable offense under federal immigration law. You could be placed in removal proceedings and permanently barred from the United States, separated from your family and the life you’ve built here. The stakes could not be higher.
Loss of Housing and Educational Opportunities
Just like employers, landlords run background checks. Many will automatically deny an application from someone with a theft conviction, viewing them as a risk to the property and the community. Similarly, colleges and universities may deny admission or financial aid to applicants with a criminal record for a crime of dishonesty. A single conviction can limit your options for where you live and your ability to advance your education.
Why You Need a Tough, Experienced Minnesota Theft Attorney
When you are facing the full power of the Minnesota criminal justice system, trying to go it alone is a recipe for disaster. The prosecutor has experience, resources, and a single goal: to convict you. You need a dedicated advocate in your corner who can level the playing field and fight for your rights at every turn.
Navigating the Prosecutor’s Tactics
The prosecutor’s job is not to be fair to you; it’s to win the case for the state. They will use their knowledge of the law and court procedures to pressure you into accepting a plea deal that may not be in your best interest. They may overcharge the case to intimidate you or ignore evidence that points to your innocence. As your private attorney, my only duty is to you. I will stand as a shield between you and the prosecution, ensuring your rights are protected and that you are not bullied into a bad outcome.
Early Intervention Can Change Everything
The most critical time in a criminal case is often the very beginning. By getting me involved immediately, I can often influence the process before it gains momentum. I can contact the prosecutor before they even file formal charges, presenting your side of the story and highlighting weaknesses in their case. This can lead to a decision not to charge at all, or to file a lesser offense. Early intervention also allows us to secure evidence, interview witnesses while their memories are fresh, and explore options like diversion programs that can keep the charge off your record entirely.
Deep Knowledge of Minnesota’s Courts
I have defended clients against theft charges in courtrooms across Minnesota. I know that the legal culture in the Hennepin County Government Center is different from that in Ramsey County, St. Louis County, or in the suburban courts of Dakota and Washington counties. I understand the tendencies of local prosecutors and the expectations of the judges. This firsthand, statewide experience is not something you can learn from a book. It’s a strategic advantage that allows me to tailor your defense to the specific environment where your case will be heard.
A Strategy Built for Results
My approach is focused on one thing: achieving the best possible result for you. That might be a full dismissal of the charges, a not-guilty verdict after a jury trial, a favorable plea agreement to a less serious offense, or a sentence that keeps you out of jail and protects your ability to earn a living. I will give you an honest, clear-eyed assessment of your case and work with you to define our goals. Then, I will fight tirelessly to achieve them. This is your life we’re talking about. You deserve a defense attorney who will treat it with the seriousness it deserves.