In criminal constabulary, theft of services refers to a type of crime that may be committed when a person uses a service without providing proper bounty for the service. For instance, a person who uses forcefulness, intimidation, deceit, or another unlawful means to obtain a service, then their deportment may establish a theft of service offense.

This type of crime may besides occur when a person intentionally fails to pay a company for its services and continues taking advantage of them until the visitor demands payment or stops providing the service. Additionally, a theft of service criminal offence 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 company or the other party.

Some other ways that theft of services can occur include:

  • When the parties have a miscommunication, such every bit if a company believes that a customer is already paying for the service and the customer thinks that they are being charged automatically;
  • Past accident like if a person is in a public infinite and is using a WiFi connexion that does not belong to the public; and/or
  • When a person genuinely does non 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 need to review the laws of the state in which they are reporting the crime every bit well as the related requirements to exercise so. Generally speaking, however, the individual reporting the law-breaking will need to determine whether they are dealing with a felony or misdemeanor law-breaking.

For example, a theft of service criminal offense will nigh likely event in felony charges if the value of services stolen amounts to more than $10,000. 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 law-breaking. Again, these amounts are strictly rough guidelines. Each state will accept its own specific values to define the type of criminal offense.

Once the individual has established whether the theft of service criminal offense constitutes a felony or a misdemeanor offense, then they can proceed with the actual reporting process. For felonies, it is best if the individual contacts law enforcement directly and does not delay resolution of the issue.

In contrast, if it is a misdemeanor criminal offence and the individual is the one who has been afflicted, so 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 individual must be able to nowadays sufficient bear witness that proves the services were stolen. Therefore, make sure to get together enough evidence before you 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'southward residence;
  • Not paying bills for services similar WiFi or cablevision after they have been installed (annotation that whether a person does this deliberately or by mistake volition not thing since both will qualify as this sort of offense);
  • Evading payment of medical or hospital bills;
  • Adjusting an electrical or gas meter that is connected to a person'southward home for the purposes of decreasing the amount they volition have to pay each calendar month on utility bills;
  • Riding public transportation without paying for a ticket or the advisable fees (like a stowaway);
  • Failing to pay for repair services, such as home renovation costs, car mechanic fees, or landscaping expenses;
  • Using someone else's 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 restaurant establishment and skipping out on the check (better 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 really practice, or pays more than they usually do, so they can become extra services.

In the event that a person has committed whatever of the above acts, they should be aware that they could exist charged with theft of services and may have to confront serious legal consequences.

What Are the Penalties for Theft of Services?

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

In general, the bulk of theft of services crimes are charged as larceny, which is then farther 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 sure amount of criminal fines to the state. The person may also need to serve jail fourth dimension for up to i 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 confidence on felony larceny charges will likely face much harsher penalties. They may need to pay a higher amount of criminal fines and/or serve a prison sentence for at to the lowest degree a year or longer. These numbers can increase if the defendant is a repeat offender, a tearing felony offense was committed in conjunction with the theft of service crime, and/or if the value of services stolen was college than normal for such crimes.

In improver to receiving criminal penalties, a victim of the criminal offense may also pursue monetary damages by suing the defendant in ceremonious court. In which case, a defendant may accept to pay for both criminal and civil fines, every bit well every bit any damages awarded by the court.

Are There Whatever Defenses to Theft of Services?

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

For instance, a defendant may contend that they lacked intent or the level of intent required past state law for it to qualify as a theft of services. Depending on the facts of a example, the defendant could besides contend that they were entitled to receive the services if they take evidence similar receipts that prove they already paid for them.

Additionally, if in that location is enough evidence, the defendant may petition the courtroom to take the case dropped or their charges reduced. For instance, if the defendant is charged with felony larceny, just they tin can show that the corporeality 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 exist able to raise coercion as a legal defense force. Again, the types of defenses that a defendant 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 Defense force?

Some types of evidence that may exist needed to heighten a successful theft of service defense include the following:

  • Whatever documents that support the accused's theory. For example, if they are claiming that they are entitled to receive the services, then they will need to bear witness proof of receipts, paid service bills, witness statements from a service provider'south billing department, and and so forth.
  • In some cases, such every bit those involving physical hardware, a accused may want to use videos or pictures that would support that they either could not have 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, most service providers offering the choice of paperless billing. A customer may want to enroll in the option, so that they will have access to electronic receipts. This tin make it easier to print out if a person needs to use information technology as bear witness.

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

Should I Contact an Chaser for Theft of Services Charge?

If you have been charged for theft of services, then it may be in your best interest to hire a local criminal attorney every bit shortly as possible. An experienced criminal defence force attorney tin perform legal research to determine if there are any legal defenses that you can raise against the charges. Your attorney can also make sure that your rights as a criminal defendant are sufficiently protected and will be able to provide legal representation in courtroom.

Alternatively, if y'all need to file charges for theft of services, you lot may want to consider consulting a lawyer to ensure that y'all comply with the proper procedures and are not in violation of whatsoever laws. Your lawyer tin can also assistance you in filing a civil lawsuit against another party to recover damages if they decide that yous have a viable claim and strong evidence to support it.