Defendants in theft cases can use a variety of defenses, even if the case’s facts support claims that property was taken without an owner’s permission. For example, an alleged theft can arise due to misunderstanding or duress. As with other criminal cases, the defense depends on the facts. Below are several ways Theft Defense Attorneys can help those accused of stealing.
Claims of Property Ownership
A person accused of theft may have a legitimate defense if they can establish that they believed the stolen property was theirs, or that they had a claim to the item. Although this defense is relatively straightforward, it’s not as simple as claiming ownership. Typically, a defendant must provide evidence of his or her claims.
Intoxication
It might be possible to defend against theft charges if a lawyer can prove that his or her client was intoxicated when the theft happened. Regardless of the nature of the intoxicant, if a person couldn’t form the intent to steal an item, they may be able to use this defense. However, the client will still have to offer proof of intoxication.
Returned Property
Many wonder if returning a stolen item constitutes a defense, or if it can prevent the filing of charges. Returning property is typically not a theft defense, but doing so can paint the defendant in a sympathetic light as far as a plea deal is concerned. If Theft Defense Attorneys can establish that a client intended to return property-;and had the ability to do so-;the defense can be successful.
Entrapment
The entrapment defense applies when a person is induced to commit a crime for the sole purpose of prosecuting that individual. In theft cases, the defense can be used if the intent or idea to steal came from the victim, if the perpetrator is convinced to commit the crime, and if the person is prosecuted.
Get a Free Review From a Theft Lawyer
If someone is shopping and inadvertently takes an item, they can easily face theft charges. Defenses range from entrapment to misunderstanding, but they’re useless if they’re not pled correctly and at the ideal time. If a person faces theft charges, they should consult a local defense attorney. Visit website for more details. You can also follow them on Twitter for more details!