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When borrowing is considered theft

Borrowing and stealing are two different things BUT one can lead to another, or borrowing can lead to a theft charge.


At Ashmore & Ashmore Law Firm in Rockwall & Terrell Texas, we understand how difficult it can be to deal with theft accusations. If you find yourself in need of defending theft charges, we have the powerful Attorneys you need.


The main difference between borrowing and theft is the intent to commit a criminal act. As long as you simply forgot to return an item after getting permission to use it, prosecutors can’t charge you with theft. However, if there is clear evidence that you wanted to keep the borrowed item for yourself, that’s a different story.


Here are some of the most common scenarios where “borrowing” can be considered theft:

  • You didn’t ask for the owner’s permission. Let’s say you take a friends ring, knowing she never actually wears it. Once you return, however, you discover that your friend filed a police report. Although the theft charges could be dropped if you’re on good terms, she may not forgive your failure to ask permission.

  • You told other people that you were keeping the item. Even a joking message on Facebook or over text can be used against you by prosecutors. If you told anyone in your social circle that you intended to keep borrowed goods, it could count as criminal intent.

  • You attempted to sell the borrowed property. If prosecutors discover that you were trying to profit from a borrowed item, it’s a clear sign of your true intent, and you will likely face theft charges.

Are you unsure whether an item you’ve borrowed now counts as stolen? Call Ashmore & Ashmore Law Firm today 972.325.5938





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