Facing criminal charges for stealing can be a scary experience. Have you been accused of stealing money? Understand your rights to protect yourself from being improperly found guilty.
Key takeaways
Indictable offence versus summary offence
Criminal law is dealt with at the state level. For example, South Australia has the Criminal Law Consolidation Act 1935. New South Wales is governed by the Crimes Act 1900. In Queensland, an alleged offence is covered by the Criminal Code Act 1899.
There are different levels of severity in criminal law. The two primary levels are:
- Indictable offences. These are more serious crimes. The crimes are typically heard in the District Court in front of a jury. They’re not restricted by a time limit.
- Summary offences. These are minor crimes. The local court will handle the matter without a jury. In most cases, there’s a one-year time limit for proceedings to commence.
Queensland legislation refers to the crime of stealing. Other jurisdictions may use a similar term, such as ‘larceny charges’. In Queensland, anyone who’s committed a larceny offence is guilty of stealing.
Criminal charges for stealing
Stealing is an indictable offence, defined in section 391 of the Criminal Code Act. Essentially, if you permanently deprive the owner of an asset for your own use, you’ve stolen the asset. A criminal conviction will be included in your criminal record.
What are the consequences in criminal law?
Stealing is an offence punishable by a maximum penalty of five years in prison. However, incidents are rarely simple. The consequences for stealing property is contextual. Many factors may be aggravating or mitigating.
Previously found guilty
Some people have a prior criminal record of committing an indictable offence. The penalty for stealing will be 10 years’ imprisonment with such a history. This will be the case if you’ve been found guilty of crimes, such as:
- Identity theft.
- Theft of a motor vehicle.
- Property stolen as an employee.
Caught shoplifting
Shoplifting someone else’s property generally involves lesser theft offences. If the value of the stolen property is less than $150, the act is treated as a regulatory offence. In other jurisdictions, this may be referred to as petty theft. Financial penalties apply in these circumstances. The prescribed penalty is a $1000 fine.
Armed robbery
An aggravated offence adds an extra layer of severity. Crimes like armed robbery are way more serious. Why? You’re not just stealing property belonging to someone else. You create a threat of violence. The maximum penalties increase accordingly. The Court may sentence the accused to life imprisonment.
Pleading guilty
The Court doesn’t like to have its time wasted. If you immediately turn yourself in to a police station and plead guilty in court, the Judge will take that into consideration. They’re not required to provide a more lenient sentence, but they often do.
If you decide to contest the charges, you must be found guilty beyond a reasonable doubt.
From our clients
I had the opportunity to speak with Lara recently, and I was very impressed by her integrity and the holistic perspective she offered during our conversation. Highly recommended for anyone looking for a solid law firm.
- N L
Clients deal with many emotions. These include confusion and fear. The right representation changes that. We focus on clear communication regarding your rights and legal options. An experienced solicitor treats you compassionately. You deserve strong advocacy under the law. We fight to secure the best possible result.
Conclusion
Stealing money is a serious crime. The severity of the outcome depends on the context. Judges can be lenient due to mitigating circumstances. Aggravating factors lead to harsher punishments. Seek legal assistance as soon as possible if you’re accused of stealing.
Michelle, thank you for all your help. You have really gone above and beyond for me and my family. We will be using your service again.
- Johnny
Contact us today to meet with a qualified criminal defence lawyer.
