If you find yourself facing down a theft criminal charge, your first reaction might be anger or discontentment. And it makes sense, too. Being accused of such a potentially serious crime can be a life-altering event; especially if you are found guilty.
However, you must not despair and give up the fight before it has even started. What you need to do is find a good defense attorney, revise the facts and evidence, and come up with a winning strategy.
That being said, not just any attorney will do – you want an experienced and skilled attorney who knows the ins and outs of the criminal law code, as well as the courtrooms in your area. In San Diego, that is Monder Criminal Lawyer Group. So, we asked them what some potential defense strategies are when facing theft charges.
Theft Is an Umbrella Term
The first thing to know is that ‘theft’ is not precise enough when talking to an attorney – you will have to be a lot more specific than that. This term covers a wide gamut of different crimes which all have one thing in common – taking something that doesn’t belong to you.
That means that you have taken someone else’s property without their consent and you intend to keep it permanently or handle it as if it were yours (sell it, for example). In some states, even tricking someone into giving you their property, or misleading them about something which results in you getting their property is considered theft.
Different Types of Theft
As mentioned above, theft can mean a lot of things. It can range from something as comparably innocent and minor as petty theft to something as major as grand larceny or embezzlement.
Petty theft is a term used when the value of stolen goods is valued at $950 or less. A typical case of petty theft is shoplifting. Carjacking is taking someone’s vehicle by force or by threatening to use force. Even robbery and burglary are considered a type of theft but may include other charges as well.
Is Theft a Misdemeanor or a Felony?
Just as ‘theft’ is a complex term that encompasses many different crimes, so does the qualification of those crimes differ based on the circumstances.
Whereas some kinds of theft are almost exclusively misdemeanors, like petty theft and shoplifting, there are also cases of theft that are almost always characterized as a felony. These crimes include burglary (first degree) and grand theft.
Finally, there are so-called wobbler crimes, where the classification depends on several factors including the age of the defendant, their criminal history, the value of the stolen property, and similar. Such crimes include grand theft auto and embezzlement.
According to the leading criminal defense lawyers, a lot of how theft is classified depends on the nature of the case in question. If the loss is something that has ramifications for many, the intensity of the crime in question becomes larger. Secondly, A lot also depends on the nature and background of the individual or group committing the crime in the first place.
Successful Defenses for Theft Charges
Depending on the relevant evidence and the strength of the case against you, your theft defense attorney may have several defense strategies available to you.
If there is little to no evidence that you actually took something that doesn’t belong to you, you may be instructed to claim it did not happen. It is up to the prosecution to prove beyond a reasonable doubt that you did, which may be difficult without substantial evidence.
In some other cases, your attorney may suggest the strategy of misunderstanding, where it is possible that you were under the impression that the item was yours. Finally, if the case against you is fairly strong, your attorney may need to resort to going after mitigation rather than acquittal, meaning they could suggest, for instance claiming you were intoxicated and mistook the item for your own.
Theft charges can result in some serious fines and even more problematic incarceration. Do not take those charges lightly and consult a good lawyer to help you fight those charges; a lot in your future may depend on it.
