In criminal law, theft of services refers to a type of law-breaking that may be committed when a person uses a service without providing proper compensation for the service. For example, a person who uses strength, intimidation, cant, or some other unlawful ways to obtain a service, then their actions may constitute a theft of service offense.

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

Some other ways that theft of services tin can occur include:

  • When the parties have a miscommunication, such equally if a company believes that a client is already paying for the service and the client thinks that they are being charged automatically;
  • Past accident like if a person is in a public space and is using a WiFi connection that does not belong to the public; and/or
  • When a person genuinely does not know that what they are doing is a class of theft.

In order to written report theft of services crimes, a person or entity volition demand to review the laws of the state in which they are reporting the crime besides every bit the related requirements to do and then. Generally speaking, nevertheless, the individual reporting the crime will need to make up one's mind whether they are dealing with a felony or misdemeanor offense.

For example, a theft of service law-breaking will most likely event in felony charges if the value of services stolen amounts to more $ten,000. On the other hand, theft of service crimes that add together up to more than $500, just less than $10,000, will be considered a misdemeanor crime. Again, these amounts are strictly rough guidelines. Each state will have its own specific values to define the type of crime.

In one case the individual has established whether the theft of service criminal offense constitutes a felony or a misdemeanor crime, then they tin proceed with the actual reporting procedure. For felonies, it is all-time if the private contacts constabulary enforcement directly and does not filibuster resolution of the issue.

In dissimilarity, if information technology is a misdemeanor crime and the individual is the one who has been affected, then they may file a lawsuit in their local small claims court. If the lawsuit is successful, the individual may be reimbursed for whatever financial losses they suffered due to the theft of service action.

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

What Are Some Examples of Theft of Services?

Some examples of real-world scenarios that could be considered theft of service crimes include the following:

  • Using hardware or software that illegally diverts WiFi and/or cablevision services to the person'south residence;
  • Not paying bills for services similar WiFi or cable after they accept been installed (note that whether a person does this deliberately or past mistake will not thing since both will qualify as this sort of crime);
  • Evading payment of medical or hospital bills;
  • Adjusting an electric or gas meter that is connected to a person'due south home for the purposes of decreasing the amount they will take to pay each month on utility bills;
  • Riding public transportation without paying for a ticket or the appropriate fees (like a stowaway);
  • Declining to pay for repair services, such as dwelling house renovation costs, car mechanic fees, or landscaping expenses;
  • Using someone else's credit card to pay for services;
  • Staying at a hotel or like hospitality service (eastward.g., motels, hostels, Airbnb, etc.) and checking out earlier paying the pecker;
  • Drinking or eating at a restaurant institution and skipping out on the check (better known every bit the act of "dining and dashing"); and
  • Finally, forging or providing a fraudulent copy of a bill to pull a fast one on a service provider into thinking the person has already paid for the services, pays less than they actually practice, or pays more than they usually practice, so they tin can get extra services.

In the upshot that a person has committed any of the above acts, they should be enlightened that they could exist charged with theft of services and may have to face serious legal consequences.

What Are the Penalties for Theft of Services?

As previously mentioned, the laws and procedural requirements for theft of services volition depend on the state in which the criminal offense is beingness tried. Accordingly, the types of penalties that a court may consequence tin can change based on the jurisdiction.

In general, the majority of theft of services crimes are charged equally 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 amount of criminal fines to the land. The person may likewise need to serve jail fourth dimension for up to one full year. The amount of criminal fines and the length of jail fourth dimension will be contingent on the surrounding circumstances.

On other hand, persons who receive a confidence on felony larceny charges will likely confront much harsher penalties. They may need to pay a higher amount of criminal fines and/or serve a prison house sentence for at least a year or longer. These numbers can increment if the defendant is a echo offender, a violent felony law-breaking was committed in conjunction with the theft of service offense, and/or if the value of services stolen was college than normal for such crimes.

In addition to receiving criminal penalties, a victim of the crime may also pursue monetary damages by suing the defendant in civil court. In which case, a accused may have to pay for both criminal and civil fines, as well as any damages awarded by the court.

Are In that location Any Defenses to Theft of Services?

At that place are a number of different legal defenses that a defendant might potentially exist able to enhance against 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 law for it to qualify equally a theft of services. Depending on the facts of a example, the defendant could also argue that they were entitled to receive the services if they have bear witness like receipts that testify they already paid for them.

Additionally, if there is enough evidence, the defendant may petition the court to accept the example dropped or their charges reduced. For example, if the defendant is charged with felony larceny, but they can prove that the amount of services stolen only rose to the level of a misdemeanor offense, then the court may decide to lower the charges from that of a felony to a misdemeanor crime.

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 force. Over again, the types of defenses that a accused might be able to raise will be contingent on the laws of their jurisdiction.

What Type of Evidence Is Needed When Raising a Theft of Service Defence force?

Some types of bear witness that may be needed to heighten a successful theft of service defense include the following:

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

It is of import that paying customers keep receipts of their utility bills and other services. Today, almost service providers offer the choice of paperless billing. A customer may want to enroll in the option, so that they will take access to electronic receipts. This tin make it easier to print out if a person needs to utilise it as show.

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

Should I Contact an Attorney for Theft of Services Accuse?

If you have been charged for theft of services, then it may be in your all-time interest to hire a local criminal attorney every bit soon every bit possible. An experienced criminal defence force attorney can perform legal research to make up one's mind if at that place are any legal defenses that you can raise confronting the charges. Your attorney can besides make sure that your rights as a criminal accused 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 may want to consider consulting a lawyer to ensure that you comply with the proper procedures and are not in violation of whatever laws. Your lawyer can also assist yous in filing a civil lawsuit confronting some other political party to recover damages if they make up one's mind that you accept a feasible claim and strong evidence to support it.