Theft or Conversion - What's the Difference?

There are different types of theft that could lead to various consequences for the perpetrator of the crime, and it is important to know the difference when facing possible conviction. The usual type of theft involves the taking of another’s property. Theft by conversion occurs through the lawful taking of property and then converting it into income generated by some form of sale or trade.

The crime of theft may be prosecuted in either or both criminal and civil court. The criminal activity leads to criminal courts with a prosecuting lawyer. The civil incident happens through a plaintiff charging the individual with the crime and attempting to pursue a legal remedy such as compensation for the stolen property. However, theft by conversion happens initially through a legal process that eventually becomes illegal by converting the property to the perpetrator's own use. This could happen with belongings, money or real estate property. Both crimes require the assistance of a lawyer to increase chances of successfully defending against.

What Is Theft by Conversion?

Some states have specific legal action necessary to clear the name of a person that uses theft by conversion. This is due to the illegal manner in converting the property into the use of the person that originally legally acquired it. Rental property paid for to use for a short time is a legal action. However, if the person does not return it, he or she may then convert the use to his or her own illegally. These crimes are normally misdemeanors. However, felony charges are possible depending on how much the person takes and if other factors exist such as the forceful taking of the property.

The Differences Explained

While some differences of theft and conversion only exist based on the states, others occur as the inherent nature of the crimes. The similarity in the taking of a person’s property is the initial act that ties the two illegal activities together. However, theft may lead to burglary or robbery. Theft by conversion generally does not hurt anyone other than monetarily. Taking the property after legally borrowing or renting it is the illegal act once it becomes the person’s property. Some may issue landlords with this type of crime with a refundable deposit that the renter never sees again.

Versions of Theft

Theft is normally a simple crime unless the person takes property over a certain amount or involves violence or force of some kind. Theft is usually under the larceny crimes tree. Simple or petty theft is generally less than or no greater than $1000 in the value of property taken. Grand theft occurs when the value is greater than a specified amount by the state where the crime occurs. Another crime includes the theft of lost materials or mislaid property in some form. The criminal may not face any charges unless the victim discovers who took the valuables.

The Civil Theft Situation

While most theft proceeds through the criminal courts, some processes with the civil courts. Justice for the loss of property does not usually provide compensation. However, the convicted person may need to pay restitution in certain situations. For all other incidents that do not include restitution, the victim may need to pursue legal action through a lawsuit. Taking the belongings of another person could lead to the victim hiring a lawyer and seeking the value of what was taken in the courts. Usually, the matter will settle out of court if it only involves petty theft of less than $500 or $1000.