QUESTION

Can I be charged with theft?

Asked on Apr 14th, 2014 on Criminal Law - Illinois
More details to this question:
Okay ill make this long story short. I borrow a friend's longboard while intoxicated to ride home from a party. I stop at the party on the corner b/c I see my roommates are there. I get jumped by the kids at the party and run out door accidentally leaving the board there (in my panic I forgot it) I go to that house to next day and ask if the board is still there and the neighbors say no somebody must have stolen it. So I explain the story to the kid who board it was and he freaks out saying I owe him hundreds of dollars. Mind you I offered him $100 and my long board as compensation because im in college and $300 isn't something I can afford to just let go of at one given time. He says no he will accept nothing short of $300. Mind you this was in September or October, now like 6 months later hes threatening to press charges on me of over $300...in reality can I be charged here when clearly it wasn't my fault I plan on denying anything theft related
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1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
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Being charged with theft, and being convicted of theft are two seperate issues. You can be charged with theft if the guy says something like he did not let you borrow the board. However, that doesn't mean you will be convicted of theft.  Generally, a theft requires that you exercise unauthorized control over property of another with the intent to permanently deprive them of the use or benefit of it.  Here, you originally had authorization, and apparently never had the intention to deprive them of the use or benefit of the longboard.    
Answered on Apr 21st, 2014 at 10:34 AM

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