Theft of Property – My Fargo Lawyer

A charge of Theft of Property in Fargo can instantly plunge your life into uncertainty and fear. The accusations alone can cast a long shadow over your reputation, impacting your employment, your relationships, and your fundamental sense of security.¹ What might seem like a simple misunderstanding or a momentary lapse in judgment can quickly escalate into a serious legal battle, leaving you feeling isolated and overwhelmed by the weight of the North Dakota criminal justice system. In this terrifying moment, you need more than just legal advice; you need a powerful, unwavering advocate ready to fight for your future.

When you face the prosecution for Theft of Property, it’s not a fair fight if you stand alone. This is where I step in. My role is to be your protector and a relentless fighter, standing firmly between you and the full force of the state’s legal machinery. We become a united front, ready to dissect every accusation, challenge every piece of evidence, and expose any weaknesses in the prosecution’s case. My commitment is to stand by your side, guiding you through every step of this daunting process, ensuring your rights are fiercely defended, and working tirelessly to achieve the best possible outcome for your specific situation.

The Stakes Are High: Understanding North Dakota’s Theft of Property Laws & Penalties

Theft of Property in North Dakota encompasses a broad range of actions, from shoplifting to complex financial fraud.² At its core, it involves knowingly taking, obtaining, or receiving another’s property with the intent to deprive them of it. The seriousness of a theft charge is directly tied to the value of the property involved and the specific circumstances of the offense, making it crucial to understand the severe penalties you could face in Fargo.³

What the Statute Says

The crime of Theft of Property in North Dakota is governed by North Dakota Century Code statute 12.1-23-02.⁴

12.1-23-02. Theft of property.

A person is guilty of theft if he:

Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof;

Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat; or

Knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof.

As a Class B Misdemeanor

Theft of property is typically a Class B misdemeanor if the value of the property or services stolen is $500 or less, and no other aggravating factors apply.⁵ While considered the lowest level of theft, a Class B misdemeanor is still a criminal conviction that will appear on your record and can have lasting negative consequences.

A conviction for a Class B misdemeanor in North Dakota can result in:

Jail Time: Up to 30 days in jail.
Fines: A fine of up to $1,500.
Other Penalties: This may also include restitution to the victim, court costs, and surcharges. A criminal record can significantly impact future employment and educational opportunities.⁶

As a Class A Misdemeanor

Theft of property becomes a Class A misdemeanor if the value of the stolen goods or services is between $501 and $1,000. This level carries more severe penalties than a Class B misdemeanor, reflecting the increased value of the property involved.

A conviction for a Class A misdemeanor in North Dakota can result in:

Jail Time: Up to 365 days in jail.
Fines: A fine of up to $3,000.
Other Penalties: In addition to potential jail time and fines, restitution to the victim will almost certainly be ordered, along with court costs and surcharges. The impact on your personal and professional life will be substantial.

As a Class C Felony

Theft of property is a Class C felony if the value of the stolen property or services exceeds $1,000 but does not exceed $10,000. Certain types of property also elevate theft to a Class C felony regardless of value, including firearms, ammunition, explosives, motor vehicles, banking instruments (like credit/debit cards), livestock, or prescription drugs.⁷ Theft acquired by threat or by a public servant can also be a Class C felony.

A conviction for a Class C felony in North Dakota can result in:

Prison Time: Up to 5 years in prison.
Fines: A fine of up to $10,000.
Other Penalties: Restitution to the victim, significant court costs, and surcharges are also likely. A felony conviction has profound and far-reaching consequences, including loss of civil rights, difficulty finding employment, and severe damage to your reputation.⁸

As a Class B Felony

Theft of property is a Class B felony if the value of the stolen property or services is between $10,001 and $50,000, or if the property is acquired or retained by a threat to commit a Class A or Class B felony or inflict serious bodily injury.⁹

A conviction for a Class B felony in North Dakota can result in:

Prison Time: Up to 10 years in prison.
Fines: A fine of up to $20,000.
Other Penalties: This severe classification almost always includes substantial restitution, court costs, and a long-lasting felony record that will severely restrict your rights and opportunities.

As a Class A Felony

The most severe level, theft of property becomes a Class A felony if the value of the stolen property or services exceeds $50,000.¹⁰ This reflects the highest level of harm caused by the theft.

A conviction for a Class A felony in North Dakota can result in:

Prison Time: Up to 20 years in prison.
Fines: A fine of up to $20,000.
Other Penalties: As the most serious felony, a conviction will carry maximum restitution, court costs, and will permanently alter your life with a long prison sentence and a criminal record that severely limits your future.

What Does a Theft of Property Charge Look Like in Fargo?

The term “theft of property” might conjure images of simple shoplifting, but in Fargo, just like anywhere else, these charges can manifest in a wide array of real-world scenarios, often involving individuals from all walks of life. North Dakota’s theft statute is intentionally broad, encompassing not only the direct taking of items but also obtaining property through deceptive means, by threat, or by receiving stolen goods.¹¹ This broad scope means that what might seem like a minor oversight or a complex business dispute could, under the letter of the law, lead to serious criminal charges.

Understanding how these charges can arise in everyday situations is crucial for anyone facing an accusation in our community. It highlights that a theft charge isn’t always about a masked perpetrator; it can involve a lapse in judgment, financial desperation, or even being unknowingly implicated in someone else’s criminal activity. The key elements the prosecution will focus on are whether you “knowingly” acted and had the “intent to deprive the owner.” These examples demonstrate the diverse ways a theft charge can unfold in Fargo, illustrating why a strong legal defense is essential.

Shoplifting in a Retail Store

Imagine a scenario where a person is shopping at a department store in West Acres Mall. Perhaps they are facing financial difficulties and, seeing an opportunity, they decide to slip a small item, such as a piece of jewelry valued at $400, into their bag without paying. They walk past the last point of sale, believing they have successfully taken the item without detection.

This directly falls under the first definition of theft: “Knowingly takes or exercises unauthorized control over… the property of another with intent to deprive the owner thereof.” If a store security officer observes this action and apprehends the individual, they will be charged with Theft of Property. Given the value, this specific instance would likely be charged as a Class B misdemeanor in Fargo, but it could be a Class A misdemeanor if the value were higher.

Contractor Embezzlement of Client Funds

Consider a contractor in Fargo who is hired to remodel a kitchen. The client pays a significant upfront deposit of $5,000 to purchase materials. However, instead of buying the agreed-upon materials, the contractor uses a substantial portion of the deposit for personal expenses, such as paying off personal debts or taking a vacation, with no intention of completing the work or returning the money.

This scenario exemplifies theft by deception or unauthorized control. The contractor “knowingly obtains the property of another by deception” (by falsely representing their intent to use the funds for the project) and exercises “unauthorized control over… the property of another with intent to deprive the owner thereof.” Since the amount is $5,000, this would likely be charged as a Class C felony for Theft of Property, as the value exceeds $1,000 but is less than $10,000.

Theft by Threat (Extortion)

Picture a situation where an individual learns a sensitive secret about a local business owner in Fargo. They then contact the business owner, threatening to reveal this embarrassing information to the public or to authorities unless the owner pays them $2,000. The business owner, fearing ruin, reluctantly transfers the money to the individual.

This constitutes theft by threat. The individual “knowingly obtains the property of another by… threat with intent to deprive the owner thereof.” The threat of public exposure or harm to reputation is used to compel the victim to part with their property. Since the amount exceeds $1,000, this would be a Class C felony for Theft of Property, potentially even a Class B felony if the threat was to commit a more serious crime.

Unknowingly Receiving Stolen Goods

Consider a scenario where a person in Fargo buys a new, high-end laptop from an online marketplace for a price that seems almost too good to be true, say $800. They don’t ask many questions, but a few weeks later, police show up at their door, explaining that the laptop was stolen from a local electronics store, and they found it through its tracking software.

Even if the buyer claims they didn’t know the laptop was stolen, the prosecution may argue they “knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof.” The “intent to deprive” can be inferred from retaining the item despite circumstances that should have raised suspicion (like the unusually low price). Depending on the evidence of “knowing,” this could lead to a Class A misdemeanor theft charge (for receiving stolen property valued at $800), particularly if they ignored clear red flags.

Building Your Defense: How I Fight Theft of Property Charges in Fargo

Facing a Theft of Property charge in Fargo demands an aggressive and proactive defense tailored to the unique circumstances of your case. The importance of a robust defense cannot be overstated; it is the cornerstone of protecting your rights and securing your future against the formidable machinery of the prosecution. Without a dedicated legal advocate, you risk being overwhelmed by the complexities of the North Dakota legal system, potentially leading to a conviction and the severe penalties that accompany it. Your defense is not merely a formality; it is your shield against injustice and your best chance at preserving your freedom and reputation.

My aggressive and proactive defense philosophy dictates that the prosecution’s narrative must be challenged at every turn, from the initial accusations to the final verdict. We will not passively accept their version of events. Instead, we will meticulously examine every piece of evidence, scrutinize law enforcement procedures, and relentlessly pursue every avenue for your defense. This involves a thorough investigation, expert analysis, and a willingness to fight vigorously in and out of the courtroom to expose weaknesses in the prosecution’s case and highlight the strengths of your defense. Your liberty is paramount, and I will leave no stone unturned in our fight to protect it.

Challenging the Element of Intent

A cornerstone of any theft charge is the prosecution’s ability to prove your “intent to deprive the owner” of their property. Without this crucial mental state, a theft conviction cannot stand. My defense strategy often focuses on demonstrating that this intent was either absent or cannot be proven beyond a reasonable doubt.

Lack of Intent to Deprive: The prosecution must prove that you intended to permanently or significantly deprive the owner of their property. If, for example, you took an item with the genuine intention of returning it, or if your actions were the result of a misunderstanding and you believed you had permission, then the necessary intent for theft is missing. We will gather evidence such as witness statements, text messages, or your own immediate actions (like attempting to return the item) to establish that your state of mind did not align with the definition of theft. This defense requires a careful reconstruction of your actions and thoughts at the time of the alleged offense.
Claim of Right: If you genuinely believed, even mistakenly, that the property belonged to you or that you had a legal right to possess it, then you cannot be found guilty of theft. This is a powerful defense if supported by evidence, as it directly negates the element of “knowing” or “unauthorized” control. We would investigate any agreements, past dealings, or circumstances that led you to believe you had a legitimate claim to the property. This could involve contractual disputes, shared ownership, or complex financial arrangements where the true ownership was ambiguous or contested.

Scrutinizing the Evidence and Procedures

The prosecution’s case relies heavily on the evidence collected and the procedures followed by law enforcement. Any flaws in this process can be leveraged to weaken their position and bolster your defense. My approach involves a meticulous review of every detail.

Insufficient Evidence of Control: For many theft charges, the prosecution must prove that you physically “took” or “exercised control over” the property. If the evidence only shows mere presence near the property, or that someone else had primary control, it may not be enough to secure a conviction. We will analyze surveillance footage, witness statements, and forensic evidence to determine if there is a definitive link establishing your unauthorized control over the specific property in question. This involves examining the chain of custody for items and challenging the clarity or reliability of any observations made by witnesses.
Illegal Search and Seizure: Your Fourth Amendment rights protect you from unreasonable searches and seizures.¹² If law enforcement obtained evidence of the theft through an illegal search of your person, vehicle, or home without a warrant or probable cause, that evidence may be suppressed. We will rigorously examine the circumstances of any search, including the validity of warrants, the existence of probable cause, and whether police exceeded the scope of their authority, to identify potential constitutional violations that could lead to the exclusion of key evidence against you.

Challenging Deception or Threat Claims

If your theft charge stems from allegations of deception or threat, these specific elements must be rigorously challenged. The prosecution must prove you actively deceived or threatened to obtain the property.

Lack of Deception or Intent to Deceive: For theft by deception, the prosecution must prove that you made a false representation and that the victim relied on that false representation in parting with their property. If the alleged deception was ambiguous, not relied upon by the victim, or if the victim suffered no pecuniary loss as a result, the element of deception may be absent. We will examine all communications, contracts, and financial transactions to determine if any alleged misrepresentations truly constituted a criminal deception or if they were merely miscommunications, opinions, or a failure to perform a promise without prior fraudulent intent.
Lack of Credible Threat: For theft by threat, the prosecution must prove that you used a credible threat to obtain property. This means the threat must be reasonably understood by the victim as a means of compelling them to surrender property, and not simply a general statement or a non-coercive request. We will analyze the nature of any alleged threats, the context in which they were made, and the victim’s perception, to argue that the statements did not meet the legal standard for a “threat” as defined by the statute, or that no property was actually obtained as a direct result of such a threat.

Mistake of Fact or Accident

Sometimes, what appears to be theft is actually an innocent mistake or an accident. This defense focuses on negating the criminal intent by showing an absence of malicious intent or a genuine factual error.

Accidental Taking or Possession: In certain situations, property may be mistakenly taken or come into your possession accidentally. For example, you might accidentally pick up someone else’s identical bag at a public place, or an item may have inadvertently fallen into your shopping cart without you realizing it. We will present evidence to show that your actions were purely accidental and that you had no intent to permanently deprive the owner of their property. This could involve showing immediate efforts to correct the mistake once discovered or a history of honest conduct.
Mistake of Value: In North Dakota, the severity of a theft charge is often tied to the value of the property.¹³ If there is a dispute about the actual market value of the stolen item, or if you genuinely believed the item was of a lower value than alleged, this could lead to a reduction in the charge level. We can consult with appraisers or use market data to challenge the prosecution’s valuation, potentially reducing a felony theft charge to a misdemeanor, or a higher misdemeanor to a lower one, thereby significantly impacting the potential penalties.

Your Questions About North Dakota Theft of Property Charges Answered

What constitutes “Theft of Property” in North Dakota?

“Theft of Property” in North Dakota is broadly defined by NDCC 12.1-23-02.¹⁴ It covers three main scenarios: knowingly taking or exercising unauthorized control over someone else’s property with intent to deprive them of it; knowingly obtaining property by deception or threat with intent to deprive; or knowingly receiving, retaining, or disposing of stolen property with intent to deprive the owner. This covers everything from shoplifting to complex fraud.

How is the severity of a theft charge determined in North Dakota?

The severity of a theft charge in North Dakota is primarily determined by the monetary value of the stolen property or services.¹⁵ The higher the value, the more serious the charge (e.g., Class B misdemeanor for under $500, escalating to Class A felony for over $50,000). However, certain types of property (like firearms or motor vehicles) or specific circumstances (like theft by threat) can also elevate a charge, regardless of value.¹⁶

What are the maximum penalties for different levels of theft in North Dakota?

Penalties vary widely. For a Class B misdemeanor (under $500), it’s up to 30 days jail and/or a $1,500 fine.¹⁷ For a Class A misdemeanor ($501-$1,000), it’s up to 365 days jail and/or a $3,000 fine. Felonies carry prison time: Class C (over $1,000 to $10,000) up to 5 years and/or $10,000 fine; Class B ($10,001 to $50,000) up to 10 years and/or $20,000 fine; Class A (over $50,000) up to 20 years and/or $20,000 fine.

Will a theft conviction appear on my permanent criminal record?

Yes, absolutely. Any conviction for Theft of Property in North Dakota, whether it’s a misdemeanor or a felony, will appear on your permanent criminal record. This record is typically public and can be accessed by potential employers, landlords, educational institutions, and licensing boards, creating significant long-term challenges for your future.

What is the “intent to deprive” element in theft cases?

The “intent to deprive” is a crucial element that the prosecution must prove. It means that you intended to withhold the property from the owner permanently, or for such an extended period that the owner loses a significant portion of its economic value or benefit. It can also mean withholding property with the intent to return it only after receiving a reward or other compensation. Without this intent, a theft charge cannot stand.

Can I be charged with theft if I didn’t actually take anything, but helped someone else who did?

Yes. North Dakota law, under the third part of NDCC 12.1-23-02, includes “knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof.”¹⁸ This means if you knowingly handle or keep stolen property, even if you weren’t the one who initially took it, you can be charged with theft.

What is “theft by deception”?

Theft by deception occurs when you knowingly obtain the property of another by creating or reinforcing a false impression, preventing someone from acquiring information that would affect their judgment, failing to correct a false impression, or failing to disclose a known lien or impediment to property you transfer.¹⁹ The key is using trickery or misleading information to gain possession of property with the intent to deprive.

What is “theft by threat”?

Theft by threat involves knowingly obtaining the property of another by using a threat, with the intent to deprive the owner of that property.²⁰ A threat can be to inflict bodily injury, expose a secret, accuse someone of a crime, or take official action. The severity of the threat can also impact the felony classification of the theft.

What are common defenses against a Theft of Property charge?

Common defenses include arguing a lack of criminal intent (e.g., you believed you had a right to the property, or it was an accidental taking), challenging the value of the property to reduce the charge level, disputing the existence of deception or threat, or asserting that evidence was obtained through an illegal search and seizure. Every case is unique, and a skilled attorney will tailor the defense to your specific circumstances.

Is restitution always required in theft cases?

In most theft cases where there is an identifiable victim and a financial loss, the court will order restitution. This means you will be legally required to repay the victim for the monetary value of the stolen or damaged property. Restitution is separate from fines and is intended to compensate the victim for their loss.

Can a theft charge be reduced or dismissed?

Yes, it is possible for a theft charge to be reduced or dismissed. This can happen through various legal strategies, such as demonstrating insufficient evidence, challenging legal procedures, negotiating with the prosecutor for a lesser charge (e.g., from a felony to a misdemeanor), or entering a diversion program if eligible. An experienced attorney is crucial for exploring these possibilities.

How does my prior criminal record affect a theft charge?

Your prior criminal record, especially previous theft convictions, can significantly impact the severity of a new theft charge and the potential penalties.²¹ Repeat offenses often lead to elevated charges and stricter sentencing. For example, a second or third shoplifting offense within a certain timeframe might be treated as a higher misdemeanor or even a felony.

What should I do if I’m accused of Theft of Property in Fargo?

If you are accused of Theft of Property in Fargo, the most critical step is to remain silent and immediately contact an experienced criminal defense attorney. Do not speak to law enforcement or anyone about the details of your case without your lawyer present. Anything you say can be used against you. Your attorney will protect your rights and advise you on the best course of action.

Can I get a public defender for a theft charge?

If you cannot afford to hire a private attorney, you may be eligible for a public defender. However, public defenders often have heavy caseloads. While they provide essential legal services, hiring a private attorney who can dedicate more personalized attention to your case may be beneficial. You have the right to legal representation regardless of your financial situation.

What is the typical timeframe for a theft case in Fargo?

The timeframe for a theft case in Fargo can vary widely. Simple misdemeanor cases might be resolved within a few weeks or months, especially if a plea agreement is reached. More complex felony cases, particularly those that proceed to trial, can take many months or even over a year to reach a resolution, depending on the investigation, discovery, and court scheduling.

Your Future Is Worth Fighting For

A charge of Theft of Property in Fargo extends far beyond the immediate legal implications; it casts a long and devastating shadow over your entire future. The collateral consequences of a theft conviction can erode your livelihood, undermine your career prospects, and compromise your fundamental constitutional rights. A criminal record, especially for a crime involving dishonesty, becomes a persistent barrier in every aspect of life. Employers are often hesitant to hire individuals with theft convictions, leading to limited job opportunities, reduced earning potential, and a constant struggle to secure stable employment. This can create a profound sense of despair and significantly impact your ability to provide for yourself and your family.

Beyond professional setbacks, a theft conviction can also threaten your ability to find suitable housing, secure necessary loans, and even impact professional licenses or certifications you may hold or wish to obtain. Your reputation within the community can be severely damaged, leading to social ostracization and a sense of shame. Furthermore, depending on the severity of the charge, your civil rights, such as voting rights or the right to own a firearm, could be jeopardized. This isn’t just about avoiding jail time; it’s about safeguarding your ability to live a full, unencumbered life in Fargo and beyond.

Impact on Your Livelihood and Career

The impact of a Theft of Property conviction on your livelihood and career can be devastating and long-lasting. In today’s competitive job market, employers routinely conduct background checks, and a criminal record for theft is a significant red flag.²² It can lead to immediate termination from your current job, prevent you from securing new employment, and disqualify you from professional licenses or certifications essential for your chosen career path. Even if you manage to find work, you might be relegated to lower-paying jobs with limited opportunities for advancement, severely impacting your financial stability and future earning potential.

This isn’t merely about lost wages; it’s about the psychological toll of being unable to pursue your chosen profession or achieve your career aspirations. The stain of a theft conviction can follow you for years, making it incredibly challenging to rebuild your professional life and achieve the financial security you deserve. Protecting your livelihood is paramount, and a robust legal defense is your strongest tool against these severe economic repercussions, allowing you to maintain your career trajectory and continue contributing to your community.

Threats to Your Constitutional Rights

A criminal conviction, especially for a felony, poses a direct threat to your constitutional rights, which are fundamental to living as a free citizen in our society.²³ Depending on the level of the theft charge, you could face the loss of your right to vote, your right to own or possess firearms, and potentially even restrictions on your travel abroad. Beyond these explicit legal limitations, the very process of being charged and prosecuted can feel like an assault on your liberty, with law enforcement and the state wielding immense power.

My commitment is not only to defend you against the specific charges but also to meticulously protect every one of your constitutional rights throughout the entire legal process. From ensuring proper procedures are followed during arrest and interrogation to safeguarding your right to a fair trial and due process, I will stand as a vigilant guardian of your liberties. Your constitutional freedoms are non-negotiable, and I will fight fiercely to ensure they remain intact, preserving your ability to live as a fully enfranchised citizen.

I Know the Fargo Courts and the Prosecution

Successfully navigating a Theft of Property charge in Fargo demands more than just a general understanding of criminal law; it requires intimate knowledge of the local judicial landscape. I have dedicated years to practicing within the Fargo court system, building a deep understanding of its unique procedures, the tendencies of the presiding judges, and the specific strategies employed by prosecutors in Cass County. This localized expertise means I can anticipate the prosecution’s moves, understand their priorities, and identify the most effective avenues for negotiation and defense within this particular legal environment.

My established presence and reputation in the Fargo courts provide a distinct advantage. I am familiar with the nuances of local rules, the temperament of those involved, and the most persuasive arguments that resonate within this specific jurisdiction. This insider knowledge allows me to craft a defense that is not only legally sound but also strategically optimized for the Fargo legal community, maximizing your chances for a favorable outcome. When you hire me, you gain an advocate who is not just familiar with the law, but a seasoned veteran of the local legal battlefield, ready to fight for you effectively.

A Single Mistake Shouldn’t Define Your Life

The North Dakota legal system, while designed to uphold justice, can sometimes be unforgiving, allowing a single alleged mistake to cast an inescapable shadow over an individual’s entire life. However, I firmly believe that one misstep, one act of desperation, or one moment of poor judgment should not permanently define who you are or what your future holds. Every person deserves an opportunity to learn from their errors and move forward, unburdened by a perpetual scarlet letter. My commitment to you is rooted in the conviction that your potential and your worth extend far beyond the accusations you face.

I will work tirelessly to present a comprehensive picture of who you are, beyond the limited scope of the charges. My defense strategy is designed not just to challenge the prosecution’s case but also to highlight your character, your circumstances, and your genuine desire to overcome this challenge. Your life’s narrative is far more complex than a single criminal charge, and I will ensure that the court sees you as a whole person, giving you the best possible chance to emerge from this ordeal with your future intact and your ability to thrive unimpaired.