In legal terms, the term theft is defined as the unauthorized taking of another person’s property coupled with the intent to permanently deprive the rightful owner of that property. The legal element of “taking” is further defined as seizing control over the property. It is important to note that there are many different forms of theft crimes, such as robbery, burglary, and conversion. Understanding the different forms of theft crimes is important to understanding the charges and criminal penalties associated with the various forms of theft crimes.
Typically, the crime of theft is considered a misdemeanor. This means that the criminal punishments for theft often include small criminal fines of up to $500, imprisonment of less than one year, or a combination of both. However, there are many forms of theft that can be charged as a felony. Unlike misdemeanors, punishments for felony charges can include large fines of more than $10,000, imprisonment for over a year, or a combination of both.
What Is Conversion?
A person has the legal right to own, possess, and use their property without interference from anyone else. Property may be a variety of different things, such as money, vehicles, land, technology, or any other tangible item. When someone intentionally interferes with an owner’s rights concerning the use and possession of their property to the point of depriving them of their property, that person may be charged with the crime of theft.
The crime of conversion occurs when an individual has permission from the rightful owner of a piece of property to use it for one use, but then does not return the piece of property or converts the property to something else altogether. This means that with the crime of conversion, permission was initially given by the property owner for the initial taking.
For example, if an individual rented a vehicle, but then did not return the vehicle at the end of the rental period, they may be charged with the theft crime of conversion. Another example of conversion would be someone giving money to an individual to make a specific investment or acquire certain goods, but that person instead makes a different investment or purchases different goods then what the original money owner intended.
How Does Conversion Differ From the Crime of Larceny?
Both larceny and conversion are different forms of theft. However, the crime of larceny and conversion are different criminal acts. The criminal act of larceny occurs when an individual takes property from another person without having permission to take the property.
As mentioned above, theft by conversion occurs when an individual takes property from another person, but they have permission from the rightful owner to take the property for a specified purpose. Then, the individual that had permission to take the property either refuses to give the property back or converts the property for another use without permission.
What Is the Difference Between Conversion and Trespass to Chattel?
Trespass to chattel is also similar to conversion in that they both involve the intentional interference with an individual’s right to possess their personal property. However, the two crimes are different in that trespass to chattel involves a temporary interference with an individual’s property, while conversion involves the individual accused of taking the property also converting the property in a more permanent manner.
For example, if an individual took another individual’s jewelry and used it for a few hours with the intent to return it, then they may be charged with the crime of trespass to chattel. However, if the same individual took the jewelry with the permission of the owner to use for a night, but then sold the jewelry, converting it into cash, then that individual would likely be charged with the theft crime of conversion.
What Are the Legal Elements of the Crime of Conversion?
Although the exact elements of the crime of conversion may differ slightly by state, in order to prove that the defendant who is accused of conversion is guilty, the prosecutor must generally prove the following legal elements beyond a reasonable doubt:
- The rightful owner had full ownership or right to possession of the property;
- The individual accused of conversion committed an unlawful taking of the property that was inconsistent with the property rights of the rightful owner; and
- The individual accused of conversion failed to return the piece of property or converted the property into another form without permission of the rightful owner.
What Are the Legal Elements of Civil Conversion?
In addition to being charged criminally, an individual that committed conversion may also be sued by the rightful property owner for the damages the rightful owner suffered as a result of the conversion. Civil conversion is an intentional tort. This means that once again, the plaintiff (i.e. the rightful owner of the property that was harmed) must prove that the defendant had intent to convert the property in a manner that was inconsistent with the plaintiff’s ownership rights.
It is important to note that the intent or purpose to do a wrong is not necessary to establish civil conversion. Therefore, the mere intent to seize the property is sufficient. This means that even if the defendant thought they had legal rights to the property, if they did not have actual legal right to the property and converted it for their own use, they may be sued for civil conversion.
Are There Any Legal Defenses to Conversion?
In short, yes there are many different legal defenses that an individual charged with conversion may raise to avoid both civil liability and a criminal conviction. Once again, theft is an intent-specific crime. This means that the defendant must have acted with the intent to deprive the property’s owner of their property permanently. As such, the most common legal defense is the specific intent defense.
Once again, the prosecution is responsible for proving all of the elements of the crime of conversion beyond a reasonable doubt. This includes the element that the defendant intended to permanently deprive the owner of their property by failing to return it or converting it into another form. As such, if the prosecution is unable to prove that specific intent to deprive, the accused may be able to successfully argue that the prosecution has failed to satisfy their burden.
For example, if the accused did not intend to deprive the rightful owner of their property permanently, but was simply borrowing the property, there is a chance that they will not be convicted of conversion. Instead the charges against them would be dropped, or they may be charged with the lesser crime of trespass to chattel.
Other common legal defenses to conversion include:
- Abandonment: The defendant may assert that the rightful owner of the property abandoned the property, and as such they forfeited the ownership of the property;
- Lack of Value: The defendant may assert that the property has no monetary value, and as such the rightful owner cannot prove that they suffered any harm by the conversion;
- Privilege: With the legal defense of privilege, the defendant asserts that they had the right to deprive the rightful owner of their property in order to protect the property or people from harm;
- Interest: A defendant may assert that they had an interest in the property, and as such they were a part owner of the property they had with full ownership rights;
- Consent: Consent is an absolute defense to conversion. Consent means that the rightful owner gave the defendant the permission to use or possess the property and the defendant operated within the boundaries of that consent;
- Authority of Law: The defendant may assert that they have the right to convert property in accordance with a court order; and/or
- Statute of Limitations: There are certain periods of time in which the prosecution or a plaintiff must charge a defendant or file a lawsuit against a defendant. If they fail to charge the defendant within a specified period of time, or fail to initiate a lawsuit within the specified period of time, the defendant can assert that the statute of limitations has run.
Do I Need an Attorney for Help With the Crime of Conversion?
If you have been accused of the theft crime of conversion, it is in your best interest to immediately consult with an experienced criminal defense attorney.
An experienced criminal defense attorney can help you understand your specific state’s laws regarding conversion, as well as determine if any legal defenses are available based on your specific circumstances. Finally, an attorney can also represent you in court, as needed.
