Portland, Oregon Theft Crimes Lawyers
Fighting for theft crime defendants since 2005
There are many different types of theft crimes in Oregon. These crimes include theft of property, services, identity, and other assets. Theft crimes are also determined by how the theft is achieved – deception, mail, unauthorized use, and other causes. At Philbrook Law Office, PA, our criminal defense lawyers handle felony and misdemeanor theft crimes. Our Portland theft crime lawyers work to show that the prosecution can’t prove its case, that the value of the items taken is much less than what is claimed, and that other defenses apply. We strive to obtain dismissals, acquittals, and plea bargains. Call us today to assert all your defenses.
How can we help?
- How is theft defined in Oregon?
- How are theft crimes classified?
- How do burglary and theft differ?
- How do you fight for defendants in Portland who are charged with theft crimes?
- Are there alternatives to incarceration for theft crimes in Oregon?
- Do you have a Portland theft crime defense lawyer near me?
How is theft defined in Oregon?
A person commits theft in Oregon if they intend to deprive another person of their property or “appropriate property” to a third person if they:
- “Take, appropriate, obtain, or withhold such property from an owner thereof”
- “Commit theft of property lost, mislaid or delivered by mistake” as provided by Oregon law
- “Commit extortion, theft by deception, or theft by receiving - as provided” by Oregon law
How are theft crimes classified?
Theft crimes are generally classified by the value of the items taken and the type of items taken. Most defendants will be charged with theft in the first, second, or third degree. They may also be charged with additional theft crimes based on the specific item taken and the way the theft happened.
- Theft in the first degree. This offense involves theft (other than by use of extortion) where the value of the property taken is $1,000 or more. This crime is a Class C felony. The offense also includes:
- Theft during a “riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency”
- “Theft by receiving committed by buying, selling, borrowing or lending on the security of the property”
- Theft of a firearm or explosive
- Theft of livestock animals and other specific animals
- Theft in the second degree. This crime involves theft of property valued at between $100 and $1000. This crime is a Class A misdemeanor.
- Theft in the third degree. This crime involves theft of property valued at less than $100. This crime is a Class C misdemeanor.
- Aggravated theft in the first degree. This type of theft, with limited exceptions, involves theft in the first degree – where the value of the property is $10,000 or more. This crime is a Class B felony.
Other specific theft crimes include:
- Theft of lost, mislaid property
- Extortion
- Theft by deception
- Theft by receiving
- Organized retail theft
- Theft of services
- Unlawful distribution of cable television equipment
- Unauthorized use of a vehicle
- Criminal possession of a rented or leased motor vehicle
- Criminal possession of rented or leased personal property
- Mail theft or receipt of stolen mail
- Laundering a monetary instrument
- Engaging in a financial transaction in property derived from unlawful activity
- Organized retail theft
- Crimes involving the unauthorized use of a motor vehicle
- Embezzlement and other white-collar crimes
Shoplifting is a form of theft. The degree of theft that can be charged depends on the value of the property.
How do burglary and theft differ?
Burglary in the second degree involves “entering or remaining unlawfully in a building with intent to commit a crime [such as theft] therein.” Burglary, in the first degree, generally involves the use of a weapon or causing/attempting to cause physical injury. Burglary in the second degree is a Class C felony. Burglary in the first degree is a Class A felony.
Generally, burglary involves illegal entry and theft (or other crimes). Burglary is the more serious charge.
What defenses do your Portland theft crime lawyers assert?
Our Portland theft defense lawyers have 20 years of experience representing criminal defendants. We work to obtain dismissals and acquittals. We also work to obtain plea reductions, such as reducing your offense from theft in the second degree to theft in the third degree.
Oregon law provides these specific theft crime defenses:
- The defendant honestly was unaware the property was owned by another person.
- The defendant reasonably believed they were entitled to the property involved or “had a right to acquire or dispose of it as the defendant did.”
- The property involved belonged to the defendant’s spouse – unless the spouses were living separately.
Additional specific statutory defenses may apply in theft crimes involving extortion or theft by receiving.
Other defenses that our Portland criminal defense lawyers may assert include:
- The value of the property is different from the value in the criminal charge. Generally, Oregon law defines the value of property as “the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.” We will work to show that the value of the property involved reduces your claim to a lesser charge. For example, we work to show your property is worth $999 and not $1,001, which can reduce your charge from a second-degree theft to a third-degree theft.
- There was no criminal intent – you did intend to pay for the property that was taken.
- You had permission/consent to take or use the property.
- The prosecution cannot prove each element of the specific theft charge beyond a reasonable doubt.
- Your Fourth or Fifth Amendment rights were violated when the property was seized.
- Other defenses depending on what happened.
Are there alternatives to incarceration for theft crimes in Oregon?
First-time theft crime offenders in Portland who commit low-level offenses may be eligible for a diversionary program where the charges are placed on hold for a specific length of time. If the defendant doesn’t have any other involvement with the criminal justice system and pays restitution for the items taken, the charges will be dismissed. If the defendant violates the terms of the diversionary program, the defendant will be sentenced for the theft crimes they committed.
To be eligible, the prosecution and the court will review if:
- The offense involves physical injury
- The offense is a first-time offense
- The defendant has participated in a prior diversionary program
- The impact of diversion on the community
- Recommendations, if any, of the victim
- Restitution
- Any mitigating circumstances
Do you have a Portland theft crime defense lawyer near me?
Philbrook Law Office meets anyone who is arrested for a theft offense at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. We do meet with defendants who are in jail when necessary. We also conduct conversations by phone and through video.
We can explain and assert your rights.
Call our aggressive Portland theft crime defendant lawyers today
At Philbrook Law Office, we’ve helped many defendants retain their freedom and minimize their fines. Our Portland, OR, theft defense lawyers work to show you have a legitimate defense and to negotiate plea bargains or acceptance into diversionary programs when the government has a strong case. To discuss your theft crime case, please call us or complete our contact form to schedule a free consultation. We represent clients throughout the greater Portland area and in Washington state.