Sweetwater County Theft Defense Attorneys

Felony & Misdemeanor Theft Crimes

Under Wyoming law, a person commits theft when they knowingly take, obtain, retain, or exercise control over another person’s property or services without authorization from them or by threat or deception, and they:

• intend to deprive the other person of the use or benefit of the property or services;
• knowingly use, receive, conceal, or dispose of the property or services in order to deprive another of its use or benefit; or
• demand anything of value as a condition for returning the property or services.

Crimes of theft are punishable as either misdemeanors or felonies based on the value of the property allegedly taken. Misdemeanor theft is theft of property valued at less than $1,000 and is punishable by six months in prison and $750 in fines. Some examples of misdemeanor theft include auto theft (depending on the value of the car) and obtaining property by false pretenses.

Felony theft is theft of property worth $1,000 or more and is punishable by up to 10 years in prison and $10,000 in fines. Examples of felony theft are carjacking, robbery, and burglary. Theft of a firearm is also typically charged as a felony.

Common Defenses Against Theft Charges

When defending against theft charges, one of the most common defenses is the lack of intent. In theft cases, the prosecution must prove that the accused had a deliberate intention to deprive the owner of their property or services permanently. If the defense can demonstrate that the accused did not intend to steal—perhaps they mistakenly believed they had a right to the property or planned to return it—this lack of intent can lead to a reduction or dismissal of charges. For example, if someone borrows an item and fails to return it on time, but without the intent to steal, it may not constitute theft under the law.

Another powerful defense is mistaken identity. Theft cases often rely on witness testimony or surveillance footage, both of which can be unreliable or subject to misinterpretation. A person might be wrongly accused if they resemble the actual perpetrator or if they were in the wrong place at the wrong time. By challenging the accuracy of the identification process, whether through alibi evidence, cross-examining witnesses, or presenting alternate explanations, the defense can raise reasonable doubt about whether the accused was actually involved in the theft. This strategy is particularly effective when the evidence against the accused is circumstantial or weak.

Shoplifting Laws

Crimes of shoplifting, or the unauthorized stealing of merchandise with the intent to deprive the store owner of it, are punishable by the above misdemeanor penalties of six months in prison and $750 in fines. Examples of shoplifting include removing the security tag off merchandise or using a coated bag to conceal the stolen merchandise. 

In addition to criminal penalties, those accused of shoplifting may also be subject to civil penalties. Offenders are liable to the store owner for the full retail value of the stolen goods (if they do not return the merchandise in its original condition). They may also face a civil penalty of double the retail value of the merchandise, as well as any associated court costs and attorney’s fees tied to the civil case. 

If you have been accused of a theft crime, whether for misdemeanor theft or felony theft, do not hesitate to contact The Law Offices of Hampton & Newman, L.C. for legal support. Our experienced defense lawyers can assert your rights as a defendant and help you argue for reduced, if not dismissed, charges. Our highly experienced trial attorneys are more than capable of fighting for you in court. 

Schedule an initial consultation with The Law Offices of Hampton & Newman, L.C. to learn more.