What kind of charge could someone get for stealing money out of a home? 37 Answers as of July 13, 2011

A $400.00 money order was stolen and cashed by an adult who was living with me. What charges will they possibly face?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
The charges that might be brought against the person that took the money order could be petty theft or burglary, depending on the circumstances of the theft.
Answer Applies to: California
Replied: 7/13/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, it is up to the prosecutor as to the exact charges but some form of theft like larceny is likely.
Answer Applies to: New York
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Larceny, Larceny in a building, recieving stolen property, possession of stolen property, and perhaps other charges. In such cases, it is generally best not to guess and to wait to see what is charged. Then the specific charge can be addressed. It is important now that you do not consent to an interview with the police and do not give any statements. These things can only make it worse for you and may compromise any defense you may have. You should considering an attorney right away.
Answer Applies to: Michigan
Replied: 7/5/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
In Missouri, stealing under $500 is a class A misdemeanor. The range of punishment is a fine of up to $1,000 and/or up to 1 year in county jail. Depending on their criminal history, they may be offered probation, or even an amended charges (eg "littering")
Answer Applies to: Missouri
Replied: 7/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
How about felony burglary, theft, etc. Call and report to the police. Sue him in small claims court as well.
Answer Applies to: California
Replied: 7/1/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    They will face felony forgery charges but not burglary if they were living at the home. They will likely be charged with Petit Larceny and Forgery. You should not allow them to live with you and do a record check on any future roommates.
    Answer Applies to: New York
    Replied: 6/30/2011
    The English Law Firm
    The English Law Firm | Robert English
    Possibly petty theft, burglary, and/or grand theft. There may be other charges depending on the specific facts.
    Answer Applies to: California
    Replied: 6/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It will ultimately be up to the prosecutor to determine what, if any, charges are filed. Some possible charges could be larceny from a building (a felony) or uttering and publishing (also a felony).
    Answer Applies to: Michigan
    Replied: 6/30/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Theft, potentially burglary depending on whee the money order was and how interested a DA is in prosecuting the case.
    Answer Applies to: California
    Replied: 6/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Identity theft possible, forgery and felony theft. However, you would have to report the crime if you want that person to face consequences.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Either felony or misdemeanor larceny charges.
    Answer Applies to: New York
    Replied: 6/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    637:11 Penalties. - I. Theft constitutes a class A felony if: III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000. Forgery as a felony, among others, but that is up to the state. you should contact your local police and report the matter if that is your intention.
    Answer Applies to: New Hampshire
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Petit larceny and possibly burglary. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    He could face a misdemeanor theft charge if he had authority to be in the home, if not he could be charged with a felony burglary.
    Answer Applies to: Kansas
    Replied: 6/30/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    In Louisiana, theft under $500 carries the potential penalties of: -Jail time of up to 6 months and -Fines of up to $1,000 If you are seeking legal representation in this matter, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    That's a crime alright. Larceny, maybe forgery as well.
    Answer Applies to: New York
    Replied: 6/29/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Theft. Possibly forgery id they signed your name to cash the check.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    The could be charged with misdemeanor theft by taking. If the amount were over $500, then it would be a felony.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law a theft under$ 500 is misdemeanor punishable by up to 90 days in jail and a$ 1000 fine.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Flores & Lopez Law Firm
    Flores & Lopez Law Firm | Joe Lopez
    Anywhere from theft to forgery to burglary, depending on the specific facts... also depends if the money order was already made out to you or if was blank. for sure you have a theft if you can prove he didn't have permission to use the order.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A person who is living with you and steals a check can be facing charges for theft of property or forgery, or uttering a forged instrument. All of these charges are class c felony charges.
    Answer Applies to: Alabama
    Replied: 6/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Without knowing all the facts, I would assume that it could be theft by taking, in Georgia. Good luck!
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Douglas Holbrook Criminal Defense Attorney
    Douglas Holbrook Criminal Defense Attorney | Douglas Holbrook
    Theft of $400 or less is generally chargeable as petty theft. However, if there was evidence that he entered your home with the specific intent to steal your money, is is possible that they could be charged with burglary.
    Answer Applies to: California
    Replied: 6/29/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Misdemeanor level theft. If he did not have permission to enter, it could be a felony. Since he was the roommate, only the amount of loss determines the level of offense (felony over $1,500).
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    This person can be accused of theft. In California it would be misdemeanor theft since the amount is under 950. If you are living in another state the rules may be different so I would speak to a lawyer who has experience doing criminal cases in the state in which you live.
    Answer Applies to: California
    Replied: 6/29/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They could be charged with larceny from a building which carries up to 4 years in prison.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If they had not been living with you but entered your home without permission (whether it was locked or unlocked), then the charge would be burglary of a habitation with intent to commit theft - a 2nd degree felony. Since they were living with you, then they were in the house with permission so one charge could be a simply theft - a Class B misdemeanor. However, I can also envision the State charging the person with forgery for signing your name, some kind of fraud for representing that they were the rightful owner, perhaps an identity theft. Just depends on how "fancy" the police and prosecutor want to get.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    It is a rather serious crime to go into a house to steal something even if the owner at home. New York classifies this as Burglary 2nd degree, a class "C" violent felony. It is considered a violent felony because it involves going into a home, and carries a 15 year maximum sentence. This is one crime to be certainly avoided, because what seems like a whim behavior to go into a house and grab some cash can lead to some very serious jail time.
    Answer Applies to: New York
    Replied: 6/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    They might be charged with felony Burglary but likely misdemeanor theft.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Most likely they will be charged with Larceny Over $250 and perhaps fraud, uttering, and possibly forgery. The primary charge is the Larceny Over $250, which is a felony. A good lawyer should be able to get rid of the other charges and possibly get the Larceny Over reduced to a misdemeanor charge.
    Answer Applies to: Massachusetts
    Replied: 6/29/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Most likely Theft by unlawful taking and/or theft by deception.
    Answer Applies to: Nebraska
    Replied: 6/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    They could be facing Larceny from a Building, which is a felony, or possibly Home Invasion which is an even worse felony depending on what they facts are. Seek out an experienced criminal attorney right away.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Law Office of Thomas Baynton
    Law Office of Thomas Baynton | Thomas B Baynton
    The person could be charged with Larceny in a Building here in Michigan. It is a 4 year felony.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Probably misdemeanor theft. They should get an attorney to make sure it goes smooth.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    They could possibly face a charge of residential burglary if they do not own the home. In California, this is a very serious offense and is possibly a Strike offense.
    Answer Applies to: California
    Replied: 6/29/2011
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