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What is a Common-Thief? Legal Insights and Definitions
Definition & Meaning
A common thief is an individual who regularly engages in theft, particularly larceny, which is the unlawful taking of someone else's property with the intent to permanently deprive them of it. This designation is typically applied after a person has been convicted of theft multiple times. Being labeled a common thief can result in additional legal consequences, including a longer sentence beyond the standard penalties for larceny. The term is sometimes used interchangeably with "common and notorious thief."
Table of content
Legal Use & context
The term "common thief" is primarily used in criminal law. It signifies a person who has a history of theft-related offenses. This classification can influence sentencing during legal proceedings, as repeat offenders may face harsher penalties. Individuals facing charges related to theft may benefit from utilizing legal templates available through US Legal Forms, which can assist in navigating the legal process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person convicted of shoplifting three times within five years may be labeled a common thief, resulting in a longer prison sentence than a first-time offender.
Example 2: An individual who has committed multiple burglaries and is caught again may face additional charges and penalties due to their status as a common thief. (hypothetical example)
State-by-state differences
State
Common Thief Definition
Additional Penalties
California
Defined under Penal Code 490.2.
Enhanced penalties for repeat offenders.
Texas
Defined under Texas Penal Code 31.03.
Increased fines and potential jail time for repeat offenses.
New York
Defined under New York Penal Law 155.05.
Longer sentences for habitual offenders.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Thief
Anyone who steals.
Does not imply a history of offenses.
Burglary
Entering a building unlawfully with intent to commit theft.
Involves unlawful entry, not just theft.
Larceny
The unlawful taking of someone else's property.
More specific than common thief, which implies repeat offenses.
Common misunderstandings
What to do if this term applies to you
If you are facing charges related to theft and believe you may be classified as a common thief, it is crucial to seek legal advice. Utilizing US Legal Forms can provide access to templates for necessary legal documents. However, due to the complexities of the law, consulting with a legal professional is recommended to ensure proper representation and guidance.
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