What is wrongful appropriation

Wrongful appropriation is punishable at a level one degree lower than theft. If you or a loved one is facing charges of wrongful appropriation call Levitt Legal at During your free consultation, Darren M. Based on the unique details that you provide, he can begin laying the foundation for a solid defense strategy.

Union Park Ave. Wrongful Appropriation Wrongful appropriation is a criminal offense in Utah and is distinct from misdemeanor or felony theft charges. Both require the government to prove that a the accused took the property of another without the consent of that person, and b the property had some meaningful value.

A final element distinguishes larceny from wrongful appropriation. The difference between larceny and wrongful appropriation is that, with larceny, the government must prove that the accused had no intention of returning the property, whereas, with wrongful appropriation, the accused took the property in order to use it as leverage for some other purpose, with the intent to later return that property to its owner.

Were you caught up in a larger sting operation, and if so, was it legal? Did law enforcement acquire financial records, receipts, or evidence of your alleged fraud legally?

Was forensic evidence found at the scene of the alleged larceny and if so, was that evidence mishandled? The property in question and its value. Did you have reason to believe that the property was yours?

What was your relation to both the owner of the property and the property itself? Were you the owner of this property? Had it been borrowed? Regarding the property itself, can a third party confirm its value? Is this military property?

Your intentions regarding the property. Did you plan to immediately return the property? If so, what did you intend to use it for while it was in your possession? Generally this is so whether the person withholding the property acquired it lawfully or unlawfully. These cases differ from the cases annotated above in which unauthorized pay and allowances are obtained by false pretenses.

The property is obtained lawfully. The wrongful taking, obtaining or withholding must be accompanied by the intent to steal or wrongfully appropriate the property. Although a person gets property by a taking or obtaining which was not wrongful or which was without a concurrent intent to steal, a larceny is nevertheless committed if an intent to steal is formed after the taking or obtaining and the property is wrongfully withheld with that intent. Wrongful appropriation of government property requires a specific intent to deprive the government or a unit thereof of more than mere possession of its property.