Aggravated Theft and Plea Bargaining Calculation: Discover All the Details

Aggravated theft represents one of the most complex criminal offenses in the Italian legal landscape. When we talk about aggravated theft, we refer to a situation where the theft is committed with particular methods that increase its severity, and consequently, the penalty imposed. In this article, we will explore the details of aggravated theft and the calculation of plea bargaining, providing a complete guide for anyone facing this delicate legal issue.

What is Aggravated Theft?

Aggravated theft is governed by Article 625 of the Italian Penal Code. It occurs when the theft is committed with one or more aggravating circumstances. Among these, we recall:

• The use of violence against property: When the theft occurs by breaking doors or windows, for example.
• Theft in a dwelling: Committing theft inside a private residence.
• Theft of items exposed to public faith: Taking goods from public places or open to the public.
• Theft by dexterity: When particular skill is used to take the item without the victim noticing.

Each aggravating circumstance leads to an increase in the applicable penalty, making theft a more serious crime compared to simple theft.

Penalties for Aggravated Theft

The penalty for aggravated theft varies based on the specific circumstances of the case. Generally, imprisonment of two to six years is foreseen, along with a fine ranging from 927 to 1,500 euros. However, the presence of multiple aggravating circumstances can lead to a further increase in the penalty.

"The law is clear: aggravated theft is a serious crime, and the penalties prescribed are severe. It is essential to understand the legal implications before proceeding to trial."

The Calculation of Plea Bargaining in Aggravated Theft

Plea bargaining, also known as application of the penalty upon request of the parties, is a legal institution that allows the defendant to agree on the penalty with the public prosecutor. This can occur as long as the agreed penalty does not exceed five years of imprisonment, even if combined with a fine. In the case of aggravated theft, plea bargaining can be a beneficial strategy to achieve a reduction in the penalty.

How Does Plea Bargaining Work?

The plea bargaining process unfolds in several stages:

1. Plea Bargaining Request: The defendant, through their lawyer, submits the plea bargaining request to the judge.
2. Agreement with the Public Prosecutor: The penalty is negotiated with the public prosecutor, who verifies the appropriateness of the proposal.
3. Judge's Decision: The judge examines the plea bargaining proposal and assesses whether to accept it. The decision must ensure that the penalty is fair and compliant with legal limits.

If accepted, the plea bargaining results in a conviction that cannot be appealed, except for procedural defects.

Advantages of Plea Bargaining

Plea bargaining offers numerous advantages, including:

• Reduction of Penalty: The agreed penalty is generally lower than what could be imposed in case of conviction after a trial.
• Shorter Timeframes: The plea bargaining process is significantly quicker compared to a full judicial proceeding.
• Certainty of Outcome: It avoids the uncertainty of a trial decision.

Final Considerations

Facing an accusation of aggravated theft requires a well-planned legal strategy. Understanding the nuances of the crime and plea bargaining is essential for making informed decisions. If you find yourself in a similar situation, the advice is to consult experienced professionals.

The Bianucci Law Firm, with Attorney Marco Bianucci and his team of experts, is at your disposal to offer personalized legal assistance and guide you through every stage of the process. Contact us for an in-depth consultation and discover how we can help you resolve your case in the best possible way.