In criminal law, theft of services refers to a type of crime that may be committed when a person uses a service without providing proper compensation for the service. For instance, a person who uses force, intimidation, deceit, or some other unlawful ways to obtain a service, then their actions may establish a theft of service offense.

This type of law-breaking may as well 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 can 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 tin can occur include:

  • When the parties have a miscommunication, such as if a company believes that a client is already paying for the service and the customer thinks that they are being charged automatically;
  • By blow like if a person is in a public infinite and is using a WiFi connection that does not vest 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 report theft of services crimes, a person or entity will demand to review the laws of the state in which they are reporting the crime besides every bit the related requirements to do so. Generally speaking, however, the individual reporting the crime will need to determine whether they are dealing with a felony or misdemeanor offense.

For example, a theft of service offense will near likely consequence in felony charges if the value of services stolen amounts to more than $ten,000. On the other hand, theft of service crimes that add up to more than than $500, just less than $x,000, volition be considered a misdemeanor offense. Again, these amounts are strictly rough guidelines. Each land will take its own specific values to define the type of criminal offence.

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

In dissimilarity, if information technology is a misdemeanor criminal offense and the individual is the i who has been affected, so they may file a lawsuit in their local pocket-sized claims court. If the lawsuit is successful, the individual may exist reimbursed for any fiscal losses they suffered due to the theft of service activity.

To prevail on the lawsuit, the private must exist able to nowadays sufficient bear witness that proves the services were stolen. Therefore, brand certain to get together plenty testify before 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 following:

  • Using hardware or software that illegally diverts WiFi and/or cable services to the person's residence;
  • Not paying bills for services like WiFi or cable after they have been installed (notation that whether a person does this deliberately or past mistake will non affair since both volition qualify equally this sort of crime);
  • Evading payment of medical or hospital bills;
  • Adjusting an electrical or gas meter that is continued to a person's home for the purposes of decreasing the amount they will have to pay each 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'due south credit menu to pay for services;
  • Staying at a hotel or similar hospitality service (e.thousand., motels, hostels, Airbnb, etc.) and checking out before paying the beak;
  • Drinking or eating at a eating house institution and skipping out on the cheque (ameliorate known as the act of "dining and dashing"); and
  • Finally, forging or providing a fraudulent copy of a nib 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 practice, so they can get extra services.

In the event that a person has committed any of the above acts, they should exist 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?

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

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

If a person is convicted on misdemeanor larceny charges, so they may take to pay a certain amount of criminal fines to the state. The person may likewise demand to serve jail time for up to one total year. The corporeality of criminal fines and the length of jail time will be contingent on the surrounding circumstances.

On other mitt, persons who receive a conviction on felony larceny charges will probable face up 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 yr or longer. These numbers can increment if the defendant is a repeat offender, a violent felony law-breaking 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 improver to receiving criminal penalties, a victim of the crime may besides pursue budgetary damages by suing the defendant in civil court. In which case, a defendant may take to pay for both criminal and civil fines, as well as whatsoever amercement awarded by the courtroom.

Are There Any Defenses to Theft of Services?

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

For instance, a accused may argue that they lacked intent or the level of intent required past state law for information technology to qualify as a theft of services. Depending on the facts of a case, the accused could besides argue that they were entitled to receive the services if they have testify like receipts that bear witness they already paid for them.

Additionally, if there is plenty bear witness, the defendant may petition the court to have the case dropped or their charges reduced. For example, if the accused is charged with felony larceny, only they can prove that the amount of services stolen but rose to the level of a misdemeanor crime, and so 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 concrete damage, and then the defendant may exist able to enhance coercion as a legal defense. Again, the types of defenses that a defendant might be able to heighten will be contingent on the laws of their jurisdiction.

What Type of Prove Is Needed When Raising a Theft of Service Defense?

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

  • Whatsoever documents that support the defendant'southward theory. For example, if they are claiming that they are entitled to receive the services, then they volition demand to show proof of receipts, paid service bills, witness statements from a service provider'southward billing department, and so forth.
  • In some cases, such equally those involving physical hardware, a accused may desire to use videos or pictures that would support that they either could non have conceivably 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, most service providers offer the pick of paperless billing. A client may desire to enroll in the option, so that they will have admission to electronic receipts. This can make it easier to impress out if a person needs to use it every bit prove.

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

Should I Contact an Attorney for Theft of Services Charge?

If you have been charged for theft of services, and then it may exist in your best interest to hire a local criminal attorney as soon equally possible. An experienced criminal defense force attorney tin can perform legal research to make up one's mind if there are any legal defenses that you lot tin enhance against the charges. Your attorney tin also brand certain that your rights equally a criminal defendant are sufficiently protected and will be able to provide legal representation in courtroom.

Alternatively, if you need to file charges for theft of services, yous may want to consider consulting a lawyer to ensure that you lot comply with the proper procedures and are non in violation of whatever laws. Your lawyer tin can likewise assist you lot in filing a civil lawsuit against another political party to recover damages if they determine that you have a viable claim and strong evidence to support it.