Common Defenses for Theft Charges

Theft is a serious crime that can cause fines, restitution, and imprisonment. It can also take many forms. Therefore, relying on legal services is important to get through a difficult time. In this connection consult an experienced theft crime lawyer for your defense.

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What is Theft?

Theft, in the broadest sense of the word, is taking someone else’s property without their permission and with the intent to permanently deprive them of it. The legal system recognizes several types of theft, each with its elements and defenses.

Types of Theft Charges

Petty Theft

Petty theft or petty larceny involves stealing property of relatively low value, usually under $500 to $1,000, depending on the jurisdiction. Examples include shoplifting and stealing small amounts of cash or personal items. Although considered a less severe crime, petty theft can still be a misdemeanor and leave a permanent mark on a criminal record.

Larceny involves shoplifting, pocket-picking, stealing motor vehicle parts, or stealing a bicycle. This form of theft is different from robbery, which involves a threat of force of its use to commit theft. It also differs from burglary, which involves harming a person or damaging property

People accused of petty theft may be fined up to $1,000 and spend six months in a county jail. They may also be on probation.

More Examples of Petty Theft

Examples of petty theft may also include:

• Taking items from a store without payment
• Changing price tags to pay less than the listed price
• Hiding merchandise and leaving the store without payment
• Borrowing an item without planning to return it
• Stealing clothes from the home of a friend multiple times

In some instances, certain agricultural products, such as livestock or vegetation, may have a lower threshold value for petty theft charges. Any amount stolen over the threshold for petty theft is grand theft and is considered a felony.

Grand Theft

Grand theft involves stealing property above the jurisdiction’s petty theft threshold. Again, this is a felony and can result in significant prison time. Grand theft can include vehicles (grand theft auto), expensive electronics, jewelry, or large amounts of money.

Identity Theft

This modern form of theft involves stealing and using someone else’s personal information for financial gain. It can include using stolen credit cards, opening accounts in someone else’s name, or using their social security number. Identity theft is both a state and federal offense.

Embezzlement

Embezzlement is when someone misappropriates assets they were entrusted to manage. It often happens in professional settings, such as employees stealing from their employers or financial advisors misappropriating client funds.

Robbery

While technically a form of theft, robbery involves taking property from someone directly using force or the threat of force. That’s why robbery is a more serious crime than other types of theft.

Common Defenses

A criminal defense theft attorney must show you did not intend to steal, prove that you were permitted to take an item or prove that you were wrongly arrested or falsely accused.

Claim of Right or Ownership

One of the best defenses to theft charges is a legitimate claim of ownership or right to the property. If the defendant believed they had a legal right to the property, that can negate the intent element of the crime. This defense often arises in disputed property rights cases, business partnerships, or family conflicts.

Lack of Intent

Theft requires specific intent to deprive someone of their property permanently. If the defendant can show they intended to return the property or took it by mistake, this can be used as a valid defense. This defense might apply if someone accidentally walks out of a store with merchandise or borrows an item without permission.

Consent

If the defendant believed they had the owner’s permission to take or use the property, this defense may be used in some cases.

Entrapment

Entrapment may be a defense in cases where law enforcement induces someone to commit theft who would not have otherwise done so. It is often the case in sting operations or where police informants actively encourage criminal behavior.

Necessity

Necessity is a rare defense in theft cases but may apply if the defendant can show they had no choice but to take the property to prevent greater harm. It might be shown in extreme cases, such as stealing food during a natural disaster.

Mental Incapacity

Mental incapacity may be a defense if the defendant suffered from a mental condition that prevented them from understanding the nature or wrongfulness of their actions. This argument requires substantial medical evidence and expert testimony.

Why You Need a Lawyer

Evidence Analysis and Challenge

Experienced criminal defense attorneys know how to analyze evidence, find weaknesses in the prosecution’s case, and challenge illegally obtained evidence.

Negotiation

Most cases settle through plea negotiations. Professional theft defense attorneys have the skills and relationships to negotiate with the prosecution. They can often get better plea deals than defendants who represent themselves and, therefore, can potentially reduce charges or sentences.

Protection of Rights

Criminal defendants have many constitutional rights that must be protected throughout the process. These include protection against self-incrimination, a right to a speedy trial, and protection against unlawful searches and seizures.

Alternative Dispositions

Professional lawyers know of alternative dispositions that may be available, such as diversion programs, rehabilitation programs, or restitution agreements. These types of choices may not be offered to defendants who represent themselves.

Mitigation of Consequences

Even if the guilt is clear, professional lawyers can mitigate the consequences. They can present arguments during sentencing, negotiate restitution agreements, and help clients understand and follow judicial requirements.

Call a Theft Defense Lawyer Today

A theft defense lawyer will evaluate the circumstances surrounding your case to determine if any constitutional rights were violated during the investigation or arrest. They will ensure that all proper procedures were followed.

If you’ve been charged with theft, getting legal help is vital. Call a Burbank criminal defense attorney for legal support and to experience a better outcome.

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