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Mail Tampering Charges: Understanding the Elements and Building a Defense

Mail Tampering Charges: Understanding the Elements and Building a Defense

Getting charged with a mail-related crime can be scary. Prosecutors often portray these charges as very serious. But with the right defense, you can fight them.

This article will break down the key elements prosecutors must prove for common mail tampering crimes. It will also discuss potential defenses to build your case.

Elements of Mail Theft

One of the most common mail crimes is mail theft under 18 U.S.C. Section 1708. This law makes it illegal to steal mail from places like a mailbox, post office, or postal carrier.

To convict you of mail theft, prosecutors must prove these elements beyond a reasonable doubt:

  • You took mail, or something contained inside mail, that did not belong to you
  • You knew the mail was not addressed to you
  • You intended to deprive the rightful owner of their mail
  • The mail was in the custody of the U.S. Postal Service

The mail has to be in USPS custody when stolen. This includes theft from mailboxes, apartment mailrooms, or postal trucks. It does not include taking mail off someone’s porch.

Prosecutors also need evidence you knew the mail wasn’t yours. Your defense can argue there was an honest mistake if you can show you believed the mail was intended for you.

Penalties for Mail Theft

Mail theft penalties under federal law are:

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Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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Anthony Williams
2024-03-12
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2024-03-12
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Bee L
2024-02-28
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Up to 5 years in prison and fines for theft from an individual’s mailbox
  • Up to 10 years in prison for theft from any “authorized depository” like apartment boxes

These charges can stack if you’re accused of multiple thefts. The penalties get harsher if firearms are stolen from the mail.

Elements of Mail Fraud

Another common federal mail crime is mail fraud under 18 U.S.C. Section 1341. This law makes it illegal to use the mail to further a fraudulent scheme designed to deprive victims of money or property.

The elements prosecutors must prove for mail fraud include:

  • You participated in a scheme to defraud or obtain money through false statements
  • You acted knowingly and with intent to defraud
  • You used the mail, or interstate carriers like FedEx, to further the scheme

It does not matter if your scheme succeeded. Just the intent to defraud is enough. Any mailing used to communicate or further the scheme can trigger charges.

Penalties for Mail Fraud

Maximum penalties for mail fraud under federal law are:

  • Up to 20 years in prison
  • Fines of up to $250,000 for individuals or $500,000 for organizations

Longer sentences can apply for schemes with major losses or vulnerable victims.

Elements of Mail Tampering

Mail tampering under 18 U.S.C. Section 1702 involves interfering with someone else’s mail. This includes crimes like:

  • Opening mail addressed to someone else
  • Destroying or hiding another person’s mail
  • Forging or altering contents of mail

To prove mail tampering, prosecutors must establish:

  • You opened, destroyed, hid, or forged someone else’s mail
  • You acted knowingly and willfully
  • The mail was not addressed to you
  • You had no authority to engage with the mail

Your defense can argue there was a mistake or you had a lawful reason for handling the mail. For example, parents can legally open their minor child’s mail.

Penalties for Mail Tampering

Maximum penalties under federal law for mail tampering are:

  • Up to 5 years in prison
  • Fines up to $250,000 for individuals or $500,000 for organizations

Using Lack of Criminal Intent in Your Defense

For all these mail crimes, prosecutors must prove you acted with criminal intent. This means purposely intending to break the law – not just by mistake.

Your defense strategy can leverage lack of intent. For example, you can argue:

  • You mistakenly thought a piece of mail was yours
  • There was no intent or plan to defraud anyone
  • You had lawful authority over the mail in question

Raising doubt about intent can defeat the charges or help negotiate a better plea deal.

Using a Good Faith Defense

Another common defense is arguing you acted in “good faith.” Examples for mail crimes include:

  • You honestly believed you had consent to open or dispose of someone’s mail
  • You were truthful about your identity when applying for mail or benefits
  • You did not realize mailings furthered an unlawful scheme

While ignorance or mistake of law is not a full defense, good faith can show you did not have intent to commit a crime.

Arguing You Were Not Involved

Since prosecutors must prove your individual actions, you can defeat mail defeat mail tampering charges by showing you were not involved. Potential defenses include:

  • You have an alibi proving you were elsewhere at the time
  • Another person has admitted guilt for the crime
  • There is no evidence like fingerprints or video connecting you
  • You were physically incapable of committing the act

If prosecutors lack evidence you personally tampered with or stole mail, the charges should be dismissed. Your attorney can file a motion arguing there is insufficient evidence.

Using Discovery to Undermine the Prosecution

Discovery is the pre-trial evidence sharing process in criminal cases. The prosecution must disclose their evidence, witness statements and other documents to the defense [1].

Your attorney can review the discovery for inconsistencies and weaknesses to attack. For example, they can:

  • Challenge eyewitness accounts that conflict or are unreliable
  • Object to evidence that was obtained illegally
  • Point out errors in police reports
  • Raise doubt about the chain of custody of physical evidence

In some cases, the discovery materials themselves can establish reasonable doubt about your guilt when carefully scrutinized.

Getting Charges Dismissed

There are various processes your defense lawyer can use to get charges thrown out before trial:

  • Motion to Dismiss – Argues there are legal defects like lack of evidence or expired statute of limitations.
  • Preliminary Hearing – Requires prosecutors to show probable cause you committed the crime.
  • Grand Jury – Requires prosecutors to prove grounds for the indictment.
  • Suppression Hearings – Seeks to exclude illegally obtained evidence.

Dismissing the case at an early stage avoids the cost and stress of a full trial. An experienced criminal defense lawyer knows how to strategically employ these options.

Takeaways

Facing mail theft, fraud or tampering charges can be overwhelming. But understanding the elements prosecutors must prove, and leveraging strong defense strategies, can help you fight the case and achieve the best outcome possible.

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