Theft of Federal Property: An Overview
Theft of federal property occurs when an individual unlawfully takes or attempts to take property owned by the U.S. government or its agencies. This crime falls under federal jurisdiction and is governed by statutes such as 18 U.S.C. § 641, which prohibits the embezzlement, theft, or knowing conversion of government property.
Types of Theft of Federal Property
Common criminal offenses include:
- Physical Theft: Includes stealing tangible items like government vehicles, equipment, or supplies.
- Embezzlement: Involves misappropriating funds or property entrusted to an individual in a position of trust, such as a federal employee.
- Conversion: Occurs when someone uses government property for unauthorized purposes, even if they didn’t physically steal it.
- Theft of Benefits or Funds: Examples include fraudulent receipt of Social Security payments, veterans’ benefits, or federal grants.
Penalties
The penalties for theft of federal property vary depending on the value of the property:
- Property valued under $1,000: Classified as a misdemeanor, punishable by up to one year in prison and fines.
- Property valued over $1,000: A felony offense, punishable by up to 10 years in prison, higher fines, and restitution to the government.
- Aggravating factors, such as involvement in organized schemes or theft of national security-related items, can lead to harsher penalties.
Legal Defenses
From a criminal defense lawyer’s perspective, several strategies can be employed, such as:
- Lack of Intent: Proving that the accused did not intentionally deprive the government of its property.
- Mistaken Ownership: Demonstrating that the defendant believed they had rightful possession of the property.
- Insufficient Evidence: Challenging the prosecution’s evidence to create reasonable doubt.
- Duress or Coercion: Arguing that the defendant acted under threat or pressure.
Skilled criminal defense lawyer Nate Crowley will analyze the case’s specifics, question the prosecution’s narrative, and aim to reduce charges or secure an acquittal.
Theft of Federal Property: California Perspective
Theft of federal property occurs when someone unlawfully takes property owned by the U.S. government or its agencies. In California, such offenses fall under federal jurisdiction, governed by laws like 18 U.S.C. § 641.
Types of Theft of Federal Property
Here are the main types of federal property theft in California.
- Physical Theft: Stealing tangible assets such as government vehicles, tools, or equipment.
- Embezzlement: Misappropriating funds or property entrusted to federal employees or contractors under California Penal Code (450 – 593g).
- Fraudulent Claims: Illegally receiving federal benefits, grants, or payments, such as Social Security fraud.
- Conversion: Using government property for unauthorized personal purposes.
Penalties
Penalties for government theft in California depend on the value of the property:
- Value under $1,000: A misdemeanor, punishable by up to one year in federal prison and fines.
- Value over $1,000: A felony, with penalties of up to 10 years in federal prison, restitution, and steep fines.
Legal Defense Strategies
California criminal defense lawyer Nate Crowley might argue the following in your defense:
- Lack of Intent: No intention to steal or misuse government property.
- Mistaken Ownership: The defendant believed the property was theirs.
- Insufficient Evidence: Challenging weak or circumstantial evidence.
- Duress: The defendant acted under coercion or threats.
Defending these charges requires meticulous review of evidence and negotiation with federal prosecutors to secure reduced charges or dismissals.
Charged With Theft to Federal Property? Consult Federal Criminal Defense Attorney Nate Crowley.
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