Law

Common Defenses to a Theft Charge

Common Defenses to a Theft Charge

Theft or larceny is a very rampant crime in the United States. Larceny is a federal crime that can have damaging effects on a person’s career and record. If you are facing a larceny-theft charge, you may want to try and fight it so that the charge does not stay on your record.

To fight larceny charges, you will need to hire a good criminal defense attorney in your area. To defend against a theft charge, criminal defense attorneys use several defenses and strategies to get the charges reduced or dropped, even if the theft happened.

There are several legal defenses that can apply in theft charges. Whether the alleged crime happened or not, an attorney can look at the facts and get the right defense to use. Here are some of the defenses that can apply.

Intoxication

If the defendant can prove that they were intoxicated at the time of the alleged crime, the attorney can use it to their advantage. Regardless of whether they were high on drugs, alcohol, or any other chemical substance, the attorney can argue that they had no intention to steal or had mistakenly thought that the property belonged to them. You can check the criminal lawyer’s duty in all these cases.

While your attorney can successfully argue that you were too drunk to notice that you are committing the alleged crime, you may still face a public intoxication charge, because it is also a criminal offense in several states.

Claim of Ownership

If you are accused of theft, you may have a valid defense if you can establish that you had no ill intentions because the property you allegedly stole is yours, and you have a claim to it. Though this is a strong defense, it is not as simple as simply claiming ownership. You will need to have solid proof to support your claim. You can use a receipt for proof of purchase or a written and signed agreement indicating proof of ownership.

Entrapment

An attorney can use this defense when the defendant committed the alleged crime but was prompted to do so by someone to prosecute them. Entrapment can apply if the attorney can prove that the defendant is a victim who was lured into committing the crime by the target with the intention of being apprehended and prosecuted.

Return of Property

It is a common misconception that you can wipe the slate clean and have a theft charge dropped if you return the property you allegedly stole. This is never the case. While it is good to return the property to help lay a foundation for a plea deal or earn some sympathy, you cannot expect to walk away Scott free. If you want to know aspects of property management to sell your property fast, so check it.

The prosecutor can reduce the penalties if you are convicted, or the plaintiff can also decide to drop the charges if they feel that you are remorseful. If the defendant can prove that they intended to return the property when they took it, they can claim that they were borrowing the item and forgot to return it. With all these possible defenses, the facts surrounding the case will determine which way it will go. Your attorney will review the case, know the right defense for you, and try to get the charges dropped or reduced. Do you know about No-Win No-Fee legal services? If not then read it.

Contact a Criminal Defense Attorney

If you are facing a theft or larceny charge, you will need the help of a local experienced criminal defense attorney in your area. There are several defenses that a defense attorney can use to argue your case. Remember, you are presumed innocent until proven guilty, and not all the accusations against you are appropriate. Your attorney will know the right strategy to use that fits your situation.

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