In criminal constabulary, theft of services refers to a type of criminal offense that may be committed when a person uses a service without providing proper compensation for the service. For case, a person who uses force, intimidation, deceit, or some other unlawful means to obtain a service, then their deportment may constitute a theft of service offense.

This type of offense may also occur when a person intentionally fails to pay a company for its services and continues taking advantage of them until the company demands payment or stops providing the service. Additionally, a theft of service crime tin happen when a person deliberately re-routes a service that is already being paid for by another customer and uses the service without paying either the visitor or the other party.

Some other means that theft of services can occur include:

  • When the parties have a miscommunication, such as if a company believes that a customer is already paying for the service and the customer thinks that they are being charged automatically;
  • By accident similar if a person is in a public infinite and is using a WiFi connexion that does non belong to the public; and/or
  • When a person genuinely does not know that what they are doing is a grade of theft.

In society to study theft of services crimes, a person or entity will need to review the laws of the state in which they are reporting the crime also every bit the related requirements to do so. More often than not speaking, notwithstanding, the individual reporting the criminal offense will need to determine whether they are dealing with a felony or misdemeanor crime.

For example, a theft of service crime will most probable effect in felony charges if the value of services stolen amounts to more than $ten,000. On the other paw, theft of service crimes that add upwards to more than $500, merely less than $10,000, will be considered a misdemeanor offense. Again, these amounts are strictly rough guidelines. Each state will have its ain specific values to define the type of offense.

Once the private has established whether the theft of service offense constitutes a felony or a misdemeanor crime, then they can proceed with the bodily reporting process. For felonies, it is best if the private contacts law enforcement directly and does non filibuster resolution of the result.

In contrast, if it is a misdemeanor crime and the individual is the one who has been affected, and so they may file a lawsuit in their local pocket-sized claims court. If the lawsuit is successful, the private may be reimbursed for whatsoever fiscal losses they suffered due to the theft of service action.

To prevail on the lawsuit, the private must exist able to nowadays sufficient evidence that proves the services were stolen. Therefore, make sure to gather enough evidence earlier you file a claim for theft of services in court.

What Are Some Examples of Theft of Services?

Some examples of real-globe scenarios that could be considered theft of service crimes include the post-obit:

  • Using hardware or software that illegally diverts WiFi and/or cablevision services to the person's residence;
  • Not paying bills for services similar WiFi or cablevision afterwards they have been installed (note that whether a person does this deliberately or by mistake will not matter since both will qualify as this sort of crime);
  • Evading payment of medical or hospital bills;
  • Adjusting an electric or gas meter that is continued to a person'due south home for the purposes of decreasing the amount they volition take to pay each calendar month on utility bills;
  • Riding public transportation without paying for a ticket or the appropriate fees (like a stowaway);
  • Failing to pay for repair services, such as home renovation costs, car mechanic fees, or landscaping expenses;
  • Using someone else'south credit card to pay for services;
  • Staying at a hotel or similar hospitality service (e.g., motels, hostels, Airbnb, etc.) and checking out before paying the bill;
  • Drinking or eating at a eating place establishment and skipping out on the check (meliorate known as the act of "dining and dashing"); and
  • Finally, forging or providing a fraudulent copy of a bill to trick a service provider into thinking the person has already paid for the services, pays less than they actually do, or pays more than than they unremarkably practise, so they tin can get extra services.

In the issue that a person has committed any of the in a higher place acts, they should be aware that they could exist charged with theft of services and may take to face serious legal consequences.

What Are the Penalties for Theft of Services?

Equally previously mentioned, the laws and procedural requirements for theft of services will depend on the state in which the criminal offence is being tried. Appropriately, the types of penalties that a court may issue can change based on the jurisdiction.

In general, the majority of theft of services crimes are charged as larceny, which is then further divided into two categories: felony larceny or misdemeanor larceny.

If a person is convicted on misdemeanor larceny charges, then they may have to pay a certain corporeality of criminal fines to the state. The person may also need to serve jail fourth dimension for up to one full year. The corporeality of criminal fines and the length of jail fourth dimension will be contingent on the surrounding circumstances.

On other hand, persons who receive a conviction on felony larceny charges will likely face much harsher penalties. They may demand to pay a higher amount of criminal fines and/or serve a prison sentence for at least a year or longer. These numbers tin increase if the accused is a repeat offender, a violent felony offense was committed in conjunction with the theft of service crime, and/or if the value of services stolen was higher than normal for such crimes.

In add-on to receiving criminal penalties, a victim of the law-breaking may also pursue monetary amercement past suing the accused in civil court. In which case, a defendant may have to pay for both criminal and civil fines, as well every bit any amercement awarded past the courtroom.

Are There Any Defenses to Theft of Services?

There are a number of dissimilar legal defenses that a defendant might potentially be able to raise confronting a accuse or claim for theft of services.

For instance, a defendant may argue that they lacked intent or the level of intent required past state police force for it to qualify as a theft of services. Depending on the facts of a example, the defendant could too argue that they were entitled to receive the services if they have show like receipts that prove they already paid for them.

Additionally, if there is enough bear witness, the accused may petition the court to have the case dropped or their charges reduced. For case, if the defendant is charged with felony larceny, but they can testify that the corporeality of services stolen only rose to the level of a misdemeanor law-breaking, so the court may make up one's mind to lower the charges from that of a felony to a misdemeanor law-breaking.

Lastly, if a defendant was forced to commit a theft of service or else they would suffer physical harm, then the defendant may be able to enhance compulsion as a legal defense. Again, the types of defenses that a defendant might be able to raise volition be contingent on the laws of their jurisdiction.

What Type of Bear witness Is Needed When Raising a Theft of Service Defense force?

Some types of evidence that may be needed to raise a successful theft of service defense include the post-obit:

  • Any documents that support the defendant's theory. For case, if they are claiming that they are entitled to receive the services, then they will demand to show proof of receipts, paid service bills, witness statements from a service provider'due south billing department, and so forth.
  • In some cases, such as those involving physical hardware, a defendant may want to use videos or pictures that would back up that they either could not take feasibly diverted the services or never did divert them.

It is important that paying customers keep receipts of their utility bills and other services. Today, about service providers offer the option of paperless billing. A client may desire to enroll in the option, and then that they volition take access to electronic receipts. This tin can go far easier to print out if a person needs to utilize it as prove.

Finally, aside from supporting a legal defense theory, such documents can also serve to protect a person against fake or fraudulent claims fabricated by other parties.

Should I Contact an Chaser for Theft of Services Charge?

If you have been charged for theft of services, then information technology may exist in your best interest to hire a local criminal chaser as presently as possible. An experienced criminal defense force attorney can perform legal research to determine if there are any legal defenses that you can enhance confronting the charges. Your attorney can too make sure that your rights every bit a criminal defendant are sufficiently protected and will be able to provide legal representation in court.

Alternatively, if you need to file charges for theft of services, you lot may want to consider consulting a lawyer to ensure that you comply with the proper procedures and are not in violation of any laws. Your lawyer tin can too assist you in filing a ceremonious lawsuit against another party to recover amercement if they determine that you have a viable merits and strong testify to back up information technology.