Legal Question in Criminal Law in Minnesota

Criminal offense or civil suit?

About 6 weeks ago an ex-girlfriend of mine (we were still friends) gave me 987.00 to build her a pc. Through various financial problems I've had I still havn't gotten all the parts for it. Some of the money was used to pay a bill with every intention of making up the difference and delivering her new pc to her, late but delivered. But she doesn't want to wait anymore and is threatening to file a complaint with the sherrifs office. She told me she was filing it as a felony theft and that I would be arrested in front of my kids and put in jail. I've been in constant contact with her regarding her pc and don't have anything but a couple driving violations on my record. Could I be arrested and charged with felony theft even though thats not the case??


Asked on 4/14/08, 7:34 pm

2 Answers from Attorneys
Tim Webb Timothy D. Webb, Criminal Defense

Re: Criminal offense or civil suit?

Could you be charged with felony theft? No.

In Minnesota, a theft of less than $1,000 is not a felony. A theft of $987.00 would be a gross misdemeanor, which is punishable by up to a year in jail and a $3,000 fine. www.mndefenselawyer.com/theft-embezzlement.html

Even a gross misdemeanor charge of theft requires a certain level of intent that appears to be lacking in your case. Still, it is up to a jury to determine what your intent is. The intent required is to deprive her permanently of the money. The fact that you used the money for something other than building her a computer is not a good fact here.

You also ask if she can sue you civilly or just pursue criminal charges. The short answer is both. She could sue you civilly for the $987.00 and/or seek to have you prosecuted for theft. She could also use the threat of a criminal charge to get you to repay the money. www.mndefenselawyer.com/avoid-charges.html

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Answered on 4/15/08, 12:25 pm
Tim Webb Timothy D. Webb, Criminal Defense

Re: Criminal offense or civil suit?

Could you be charged with felony theft? No.

In Minnesota, a theft of less than $1,000 is not a felony. A theft of $987.00 would be a gross misdemeanor, which is punishable by up to a year in jail and a $3,000 fine. www.mndefenselawyer.com/theft-embezzlement.html

Even a gross misdemeanor charge of theft requires a certain level of intent that appears to be lacking in your case. Still, it is up to a jury to determine what your intent is. The intent required is to deprive her permanently of the money. The fact that you used the money for something other than building her a computer is not a good fact here.

You also ask if she can sue you civilly or just pursue criminal charges. The short answer is both. She could sue you civilly for the $987.00 and/or seek to have you prosecuted for theft. She could also use the threat of a criminal charge to get you to repay the money. www.mndefenselawyer.com/avoid-charges.html

Read more
Answered on 4/15/08, 12:25 pm


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