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  Montana Criminal Defense Montana LARCENY or THEFT

Montana Lawyer

   :: Criminal Defense Attorney

Have you been a victim of Larceny or Theft or charged with Larceny or Theft in Montana?  Have your rights in Montana been violated? Have you been falsely accused? We can help.

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Montana Larceny & Theft:

  • The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft.

Montana Penal Code

 

Did You Know?

A misdemeanor is any other crime except those public offenses classified as infractions. See id. Many criminal offenses, however, fall into the category known as “wobblers.” These are crimes that are not statutorily defined as either felonies or misdemeanors. Whether a wobbler will be considered a felony or misdemeanor in a particular case depends upon the prosecutor’s charging decision and the actual punishment imposed by the trial court. See id. 17(b)

(West Supp. 1998) (describing circumstances under which such crimes are considered misdemeanors); see also Loren L. Barr, Comment, The “Three Strikes” Dilemma: Crime Reduction at Any Price?, 36 SANTA CLARA L. REV.107, 117-19 (1995) (describing prosecutorial discretion in charging a wobbler as a felony and the authority of the trial court to then reduce it to a misdemeanor).

A large number of crimes qualify as wobblers including petty theft with a prior petty theft or felony conviction. See id. at 117 n.91. 8. See CAL. PENAL CODE 667(c)(5) (West Supp. 1998); see also id. 2933.1(a) (limiting the worktime credits).

Source: Loyola Law School

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