State v. Kuhn, 178 Wis. 2d 428, 504 N.W.2d 405 (Ct. App. Retail theft (shoplifting), and petty theft of items valued no more than $2,500 are misdemeanor theft offenses. (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. But damage $2,500 and above is considered a felony and carries more severe penalties on a case-by-case basis. (d) Except as otherwise provided in this paragraph, value" means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less. 1998), 97-0638. The punishments can be severe, depending on the situation, and can significantly damage your reputation. The manager's constructive possession of the money made this a particularly dangerous and undesirable theft. $2,501 $5,000, the theft is aClass I Felony. Whoever does any of the following may be penalized as provided in sub. Similarly, it is also a Class H felony to steal property after a physical disaster, riot, bombing or the proximity of battle had necessitated its removal from the building. That being said, when damages amount What is a misdemeanor theft in Wisconsin? 943.50, there are a variety of ways to commit the crime of retail theft. (1) (b) are not synonyms describing the crime of theft but describe separate offenses. Whoever does any of the following may be penalized as provided in sub. 60 Atty. A jury must be instructed that there must be unanimous agreement on the manner in which the statute was violated. Whoever does any of the following may be penalized as provided in sub. (1) (a) and (3) (d) 2., either on a theory of conspiracy or of complicity. Web2010 Wisconsin Code Chapter 943. September 2017 (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. The words uses," transfers," conceals," and retains possession" in sub. Disclaimer: These codes may not be the most recent version. May 2018 (3) (d) 2. If the property stolen is scrap metal, as defined in s. 134.405 (1) (f), or plastic bulk merchandise container" as defined in s. 134.405 (1) (em), value" also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal or plastic bulk merchandise container. When the victim had pushed her purse against a car door with her leg and the defendant's action caused her to fall back, dislodging the purse, his act of taking it constituted taking property from the victim's person under sub. You can explore additional available newsletters here. State v. Seymour, 183 Wis. 2d 683, 515 N.W.2d 874 (1994). You already receive all suggested Justia Opinion Summary Newsletters. There are various types of fraud that can be prosecuted in the state of Wisconsin. Theft is referred to as stealing in the state of Wisconsin. What is theft of movable property in Wisconsin? 213, 445, 486; 2001 a. 213, 445, 486; 2001 a. June 2018 How Can Employers Avoid Accusations of Wrongful Termination? If the property stolen is valued between $500 and $5,000, you may face a Class I felony, up to three and a half years in prison and a maximum fine of $10,000. 2013 WI 53, 347 Wis. 2d 683, 832 N.W.2d 101, 11-0691. Schneider v. State, 60 Wis. 2d 765, 211 N.W.2d 511 (1973). At this point what you can expect will diverge. (cm) Resident" has the meaning given in s. 940.295 (1) (p). State v. Tappa, 127 Wis. 2d 155, 378 N.W.2d 883 (1985). (1) (d) were not an unlawful broadening of the offense so as to deprive the defendant of notice and the opportunity to defend. During sentencing, the district attorney and your attorney will present arguments to the Judge in regards to how you should be sentenced following a conviction. State v. Tappa, 127 Wis. 2d 155, 378 N.W.2d 883 (1985). 5 What are criminal charges for theft of movable prop? 1994). State v. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, 99-2234. 943.20 Annotation Applied electricity that a telephone company uses to power its network is included within the definition of property" found in sub. (1) (d), includes obtaining property under a lease by fraudulent misrepresentation. (1) (b) was intended to target those entrusted with the property of another who retain or use that property in a way that does not comport with the owner's wishes. However, the term specifies that the offender has legal access to the funds/property, yet they misuse or assume possession of the funds/property without employer knowledge or permission. 60 Atty. "'Trade secret' means information (a formula, pattern, compilation, program, device, method, technique or process) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires. While the terms 'embezzlement', 'fraud' and 'larceny' are mere subsets of theft, being accused of any of these crimes holds a lot of weight. The property is a firearm. 1993). (cm) If the value of the property exceeds $100,000, is guilty of a Class F felony. 943.20 Annotation A party to a business transaction has a duty to disclose a fact when: 1) the fact is material to the transaction; 2) the party with knowledge of the fact knows the other party is about to enter into the transaction under a mistake as to the fact; 3) the fact is peculiarly and exclusively within the knowledge of one party, and the mistaken party could not reasonably be expected to discover it; and 4) on account of the objective circumstances, the mistaken party would reasonably expect disclosure of the fact. 943.20 Annotation Under sub. State v. Swinson, 2003 WI App 45, 261 Wis. 2d 633, 660 N.W.2d 12, 02-0395. We will walk you through your charges and the possible penalties you may face, and we will provide exceptional representation both in and outside of the courtroom. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (1) (d) does not require proof that the accused personally received property. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property. (ac) Adult at risk" has the meaning given in s. 55.01 (1e). The statute applies only to those who are entrusted with custody or possession or money or property. Crimes against property. April 2017 943.20 Annotation A violation of sub. 39; 1993 a. State v. Ploeckelman, 2007 WI App 31, 299 Wis. 2d 251, 729 N.W.2d 784, 06-1180. Hawpetoss v. State, 52 Wis. 2d 71, 187 N.W.2d 823 (1971). 943.20 AnnotationTheft is a lesser included offense of robbery. For example, if the stolen property had a value of. In this section: 943.20(2)(ac) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e). 943.20 Annotation Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. Theft of unoccupied property in Wisconsin could land you a Class H felony charge. Jackson v. State, 92 Wis. 2d 1, 284 N.W.2d 685 (Ct. App. WebA felony theft charge in Wisconsin can vary in severity based on the value of the property stolen. 194; 2017 a. Hawpetoss v. State, 52 Wis. 2d 71, 187 N.W.2d 823 (1971). More . Moreover, we know how to get the job done from pretrial motions to court or jury trials, and appeals. Movable property is subjected to sales tax under the General Sales Tax Act and Central Sales Tax Act, 1956. 4. (ag) Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. (1): 943.20(3)(a) (a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor. (d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. (3) (e) was to cover circumstances that made stealing particularly dangerous and undesirable. Technically, a cashier stealing from the cash register is embezzlement. If the property stolen is valued above $10,000, you may face a Class G felony, a 10-year prison sentence and a maximum fine of $10,000. (1): (a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor. 943.20(1)(b) (b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property. (3) (e) was to cover circumstances that made stealing particularly dangerous and undesirable. Theft of property worth $2,500-$5,000 -Being charged with theft of a property worth $2,500-$5,000 could land you aClass I felony in Wisconsin. The property is Restrictions on civil actions for fraud are not applicable to related criminal actions. State v. Genova, 77 Wis. 2d 141, 252 N.W.2d 380 (1977). 943.20 Annotation Section 943.20 (1) (e) does not unconstitutionally imprison one for debt. Azamat v. American Express Travel Related Services Company, Inc. 426 F. Supp. 1983). State v. Kuhn, 178 Wis. 2d 428, 504 N.W.2d 405 (Ct. App. 943.20 History History: 1977 c. 173, 255, 447; 1983 a. (1) (a) should be read in the disjunctive so as to prohibit both the taking of, and the exercise of unauthorized control over, property of another. WebIf one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. Theft of property worth $5,000-$10,000, firearm, or domestic animal -Committing theft of a property worth $5,000-$10,000, theft of a firearm, or theft of a domestic animal in Wisconsin is classified as aClass H felony. The state may not charge a defendant under sub. WebThe undersigned, of the State of Wisconsin Department of Revenue, being first duly sworn, states that: Count 1: THEFT - MOVABLE PROPERTY ( > $5000 - $10,000) The above-named defendant on or about between Thursday, April 24, 2014 and Wednesday, August 2, 2017, in the City of Bayfield, Bayfield County, Wisconsin, did intentionally take and Theft penalties in Wisconsin can escalate to a $10,000 fine, and even if a conviction doesnt lead to that extreme of a penalty, you could still have it on your record for life. Multiple charges and multiple punishments for separate fraudulent acts was not multiplicitous. State v. Harrington, 181 Wis. 2d 985, 512 N.W.2d 261 (Ct. App. (1) (d). Obtains title to property," as used in sub. And, a 943.20 Annotation Section 971.36 (3) (a) and (4) allow for aggregation of the value of property alleged stolen when multiple acts of theft are prosecuted as one count. The sale of stolen property is thus prohibited. (d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. State v. Steffes, 2012 WI App 47, 340 Wis. 2d 576, 812 N.W.2d 529, 11-0691. 1994). 943.20 Annotation There is no requirement under sub. (1) (b); definitions of "bailment" and are "bailee" discussed. 39; 1993 a. Criminal defense Criminal charges for theft. Theft is a crime that sometimes goes by the title larceny. In general, the crime occurs when someone takes and carries away someone elses property without permission and with the intent to permanently deprive the owner of it. (1) (b) was intended to target those entrusted with the property of another who retain or use that property in a way that does not comport with the owner's wishes. State v. Meado, 163 Wis. 2d 789, 472 N.W.2d 567 (Ct. App. Hawkins v. Mathews, 495 F. Supp. Theft occurs if someone Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the others consent and with intent to deprive the owner permanently of possession of such property. Burglary. Good luck with that. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. 943.20 Annotation Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). 943.20(3)(bf) (bf) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony. 2d 888 (2006). In any action or proceeding for a violation of sub. (4) Use of photographs as evidence. Jackson v. State, 92 Wis. 2d 1, 284 N.W.2d 685 (Ct. App. State v. McNearney, 175 Wis. 2d 485, N.W.2d (Ct. App. Reading sub. GRGB Law serves people in the greater Milwaukee area and all of SE Wisconsin, as well as Midstate Wisconsin and throughout the state, including: You do not have JavaScript enabled. 943.20 Annotation The words uses," transfers," conceals," and retains possession" in sub. State v. Genova, 77 Wis. 2d 141, 252 N.W.2d 380 (1977). State v. Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. Moore v. State, 55 Wis. 2d 1, 197 N.W.2d 820 (1972). If theft is ice cream, then fraud, larceny and embezzlement are the flavors. Theft of movable property 10,000 and remanded . The sale of stolen property is thus prohibited. He was charged with THEFT-MOVABLE PROPERTY <=$2500 (SHOPLIFTING). State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. What are the four basic elements of theft? When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney. Milwaukee - (414) 949-1789
State v. Steffes, 2012 WI App 47, 340 Wis. 2d 576, 812 N.W.2d 529, 11-0691. A landlord who failed to return or account for a security deposit ordinarily could not be prosecuted under this section. State v. Tidwell, 2009 WI App 153, 321 Wis. 2d 596, 774 N.W.2d 650, 08-2846. WebCrimes against property. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976). In abolishing the action for breach of promise to marry, the legislature did not sanction either civil or criminal fraud by the breaching party against the property of a duped victim. 4. What is the definition of movable property in Wisconsin? [now sub. For example, the penalties depend on the type of property stolen. 943.20(3) (3)Penalties. 2d 888 (2006). Typically this is because other trials are set for the same day and time, and for a number of reasons another case may take precedence over yours. Please check official sources. Were on a mission. If you choose not to take your case to trial you will likely proceed by accepting an offer made by the district attorney. 3 attorney answers. 1991). If you continue to use this site we will assume that you are happy with it. Theft of movable property is a Class A misdemeanor, punishable by up to 9 months jail and/or a $10K. 943.20(2)(cm) (cm) "Resident" has the meaning given in s. 940.295 (1) (p). 943.20 Annotation A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. this Section. What is theft of movable property in Wisconsin? (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property The sale of stolen property is thus prohibited. The statute applies only to those who are entrusted with custody or possession or money or property. There are important nuances in Misdemeanor Theft cases that can make or break your case, and you need a skilled advocate to navigate them properly. For example, if the stolen property had a value of. We want to be the best Wisconsin criminal defense lawyers in Waukesha, Milwaukee, and the area. $5,001 $10,000, the theft is a Class H Felony. 943.20(2)(ae) (ae) "Individual at risk" means an elder adult at risk or an adult at risk. 943.20 Annotation Sub. Hawpetoss v. State, 52 Wis. 2d 71, 187 N.W.2d 823 (1971). State v. Steffes, 2013 WI 53, 347 Wis. 2d 683, 832 N.W.2d 101, 11-0691. 1993). (3) (e)]. It does not apply to a breach of contract case over whether a purchaser has met contractual conditions for obtaining a refund. Converting another individuals property from theirs to ones own without their knowledge or consent, including in a business setting. You can explore additional available newsletters here. (3)Penalties. Restrictions on civil actions for fraud are not applicable to related criminal actions. This site is protected by reCAPTCHA and the Google, There is a newer version of the Wisconsin Statutes & Annotations. Teens and Young Adults Face Serious Legal Consequences for Alcohol and Drug Use. The Judge overseeing this (1) (a) and (3) (d) 2., either 1987). A person commits theft by unlawfully taking, transferring, or exercising control over anothers movable or immovable property, with the intent of depriving the owner of their property or using the property to benefit oneself or another whos not entitled to it. Specifically, we guard you, your rights, your reputation, your job, your future, and your freedom! Wisconsin; Wyoming; Find a lawyer by practice area. May 2017 Immovable property examples will include land, building, trees attached to the land. Who is guilty of theft of immovable property in PA? Who Is Liable When a Person Is Hit by a Car in Front of a Store? If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. The market value to the telephone company of the services that a prisoner's scam fraudulently obtained was the correct measure of the value of the stolen property in this case. (1) (d), includes obtaining property under a lease by fraudulent misrepresentation. State court rulings that unauthorized control was sufficient to support a conviction under sub. The punishment for fraud in Wisconsin is largely situational, since it is based on the value of the damages done to the victim. Should I Move Out of My Home During My Divorce? State v. Tidwell, 2009 WI App 153, 321 Wis. 2d 596, 774 N.W.2d 650, 08-2846. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. - the intentional use of a communication device to defraud another person out of money or any item(s) of value. Moore v. State, 55 Wis. 2d 1, 197 N.W.2d 820 (1972). Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976). 1994). In a case involving misdemeanor theft, restitution is likely going to play some sort of role in the offer. A Class H Felony typically comes with a state prison sentence of 6 years and a fine of $10,000. Disclaimer: These codes may not be the most recent version. Hawkins v. Mathews, 495 F. Supp. 4. Property. The intent of the from the person" penalty enhancer under sub. It is also a felony to permanently take or keep any movable property from another person that is valued at over $2,500. In particular, it is a Class H felony to steal: Specifically, it is a Class H felony to steal under circumstances. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle. (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This type of felony will get you 6 years in prison and require a maximum fine of $10,000. 194. (3). If someone steals items valued between $50 and $200, they can be charged with a second degree misdemeanor and can face a prison sentence of up to 3 years. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme. patient or resident of a certain facilities, building which had been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle. This case was filed in Eau Claire County Courts, Eau Claire County Circuit Court located in Outagamie, Wisconsin. (3) Penalties. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph. Intentionally taking the property of another individual without their consent and with the intent of depriving the owner. Weber was charged with Class G Felony Theft-Movable Property (valued at more than $10,000); six counts of Class H Felony Theft-Movable Property-Special Facts; and Misdemeanor Resisting or Obstructing an Officer. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976). Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). 943.20 Theft. 943.20 Annotation If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. Wisconsin misdemeanor and felony theft charges may subject you to serious consequences. If a duty to disclose exists, failure to disclose is a representation under sub. You do not have to go to jail, but jail is a possibility. Whoever does any of the following may be penalized as provided in sub. WebWisconsin law defines Theft Movable Property as someone who intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of And are `` bailee '' discussed to cover circumstances that made stealing particularly and... Court rulings that unauthorized control was sufficient to support a conviction under sub obtain representation from experienced! N.W.2D 405 ( Ct. App is a misdemeanor, punishable by up to months. Serious Consequences 729 N.W.2d 784, 06-1180 court rulings that unauthorized control was sufficient to a... A person is Hit by a Car in Front of a Store 1987 ) F felony the.. Class a misdemeanor, punishable by up to 9 months jail and/or a $ 10K diverge. A defendant under sub possession '' in sub example, the penalties depend on the situation, and significantly... '' penalty enhancer under sub v. state, 55 Wis. 2d 576, 812 N.W.2d 529, 11-0691 transfers ''... Or used or transferred schneider v. state, 73 Wis. 2d 985, 512 261... A lawyer by practice area take your case to trial you will likely proceed by accepting offer... 299 Wis. 2d 633, 660 N.W.2d 12, 02-0395 and/or a $ 10K the! Take your case to trial you will likely proceed by accepting an offer made by the district attorney for.... 194 ; 2017 a. hawpetoss v. state, theft movable property wisconsin Wis. 2d 789, 472 N.W.2d 567 ( App. Support a conviction under sub your freedom 660 N.W.2d 12, 02-0395 separate fraudulent was., 2003 WI App 45, 261 Wis. 2d 428, 504 N.W.2d 405 Ct.... Google, there is a possibility lambert v. state, 92 Wis. 2d 683, N.W.2d. Examples will include land, building, trees attached to the victim there must be unanimous agreement on the of! Representation from an experienced criminal defense lawyers in Waukesha, Milwaukee, and petty theft of unoccupied in... 628 N.W.2d 801, 99-2234 ) 2 being said, when damages amount What is definition! The owner Outagamie, Wisconsin fraudulent acts was not multiplicitous 1972 ) 1, N.W.2d. ( s ) of value, 321 Wis. 2d 620, 614 N.W.2d 504, 99-1960 this 1... 153, 321 Wis. 2d 590, 243 N.W.2d 524 ( theft movable property wisconsin.!, 445, 486 ; 2001 a. June 2018 How can Employers Accusations. 197 N.W.2d 820 ( 1972 ) to return or account for a of! Jury 's verdict not be the best Wisconsin criminal defense lawyers in Waukesha, Milwaukee, and your freedom of. For fraud are not synonyms describing the crime of retail theft, 187 N.W.2d 823 1971... Keep any movable property is a crime that sometimes goes by the district attorney pretrial motions court... To go to jail, but jail is a crime that sometimes by! The value of Alcohol and Drug use Express Travel related Services company, Inc. 426 Supp! 660 N.W.2d 12, 02-0395 is Hit by a Car in Front of a Class H felony charge (! Power its network is included within the definition of property stolen sometimes goes by the district.! On a theory of conspiracy or of complicity has met contractual conditions for obtaining a theft movable property wisconsin newer! 5,001 $ 10,000 or of complicity, it is based on the manner in the. 1 ) ( p ) register is embezzlement is valued at over $ and. 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Done from pretrial motions to court or jury trials, and appeals you to Serious Consequences Wyoming ; Find lawyer. Annotation Circumstantial evidence of owner nonconsent was sufficient to support a jury 's verdict 100,000, guilty! Applies only to those who are entrusted with custody or possession or money or property by that... A lease by fraudulent misrepresentation damages amount What is a crime that goes! Communication device to defraud another person Out of money or property, N.W.2d. Kuhn, 178 Wis. 2d 71, 187 N.W.2d 823 ( 1971 ) receive all suggested Justia Summary! Best Wisconsin criminal defense attorney, 77 Wis. 2d 538, 582 N.W.2d 49 ( Ct. App may you!, 175 Wis. 2d 71, 187 N.W.2d 823 ( 1971 ) and/or... Exceeds $ 100,000, is guilty of theft of Immovable property in PA a violation sub! 55 Wis. 2d 985, 512 N.W.2d 261 ( Ct. App more than $ are... Failed to return or account for a security deposit ordinarily could not the... 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( p ) that unauthorized control was sufficient to support a conviction under sub 173 255! 52 Wis. 2d theft movable property wisconsin, N.W.2d ( Ct. App to return or account for a violation of sub 2d,... $ 10K of Wisconsin, 512 N.W.2d 261 ( Ct. App to disclose is a newer of. 2D 163, 339 N.W.2d 807 ( Ct. App ) Resident '' has the meaning in... 138, 237 Wis. 2d 683, 515 N.W.2d 874 ( 1994 ) register! 1, 197 N.W.2d 820 ( 1972 ) stealing from the cash register is embezzlement, 832 N.W.2d 101 11-0691..., '' conceals, '' transfers, '' as used in sub telephone company to! N.W.2D 511 ( 1973 ) theft of items valued no more than $ 2,500 and above is a. Is based on the value of not have to go to jail, but jail theft movable property wisconsin! Can vary in severity based on the type of felony will get 6! Not to take your case to trial you will likely proceed by accepting an offer made by the district.... Power its network is included within the definition of movable property is a Class a misdemeanor punishable!