5 Common Defenses for Theft Charges and How They Work

Preparing yourself for your case to avoid being convicted or spending time incarcerated is the best thing you can do. Theft charges are not light charges. The legal system cracks down hard on theft charges. 

Theft charges happen often and people ask themselves, “How am I able to get away with this?” If you are facing theft charges, there are a few things that you should know about getting them dropped and how to defend yourself against theft charges properly. Keep reading to learn more about theft charges. 

PRO TIP: Read our blog post about theft charges and how a lawyer can help!

What is Theft?

There are many types of theft. However, taking something of value that is not yours or intentionally taking something to deprive a retailer is considered theft. There are a few types of theft that include:

• Grand Theft 
• Previous Theft on Record w/New Charge
• Petty Theft

When Can Theft Charges Be Dropped? 

This question is more complex than a yes or no. You must have a proper defense team on your side. You can use a few different defenses in your case. However, hiring the best criminal defense attorney is the best idea if you face theft charges. 

Using defenses against the charges you are facing may allow you to have them dropped with the proper representation. 

It is also important to note that not all defenses are going to work for each case. Each case will look different. Keep reading to learn more about some common defenses that can be used for theft cases. 

5 Common Theft Defenses Used In Criminal Law

Defense 1: Claim Ownership

If you can claim that you are the rightful owner of the item that was claimed stolen, this is going to be the best defense to use. Keep in mind, you must have proof to use this defense. You must provide a photo, receipt, or other necessary documents to prove that the item in question is indeed yours. 

If the item is not yours and you provide evidence to suggest it is, the prosecution can immediately tear apart the pieces of your case and prove that you are not the sole owner of said item. 

Defense 2: Under the Influence 

This is another defense that is quite powerful. If a person is under the influence, they may commit a crime without intent. If intoxication can be proved at the time of the incident, the charges may be able to be dropped. 

It is also important to note that being under the influence alone will not get your case dropped. You must also provide proof that you did not intend to commit the crime. 

Defense 3: No Intent 

This is something that is often used in petty and grand theft cases who have a criminal record. The way this works is that if you can prove that you did not intend to do the crime, you are unable to be convicted. 

This defense is often used in cases where there is no evidence stating that a theft had occurred. In cases such as this, returning the item and stating that you had no intent to steal it, may help get charges dropped. 

Defense 4: Entrapment 

Entrapment happens when an illegal act happens and an officer is behind it. This means that the officer encouraged the person to commit theft or the officer requested that the person commit a crime. 

An example of entrapment could be if an undercover officer would ask you to take a specific item with the intent of giving it to them. 

If you can prove that you were entrapped, your case can be dismissed immediately. 

Defense 5: Wrong Allegations 

Sometimes the justice system is wrong and someone can be charged wrongly. If you can prove that you did not do the crime, charges can be dropped. 

If you are able to prove that the valuation of the item stolen was incorrect, the defense can use this to your advantage. 

An example of wrong allegations would be if the prosecution is stating that you stole 1,500 dollars worth of items but you can prove it was only 200 dollars, the case may be dismissed or you will face less harsh repercussions. 

Knowing The Rights You Have 

If you are facing theft charges, make sure that you know your rights. It is important to hire an experienced defense attorney for your case. Theft charges can vary greatly, and having a knowledgeable person in your corner can ensure that you are doing everything you can to save your criminal record. 

Wrapping Up: 5 Common Defenses For Theft Charges And How They Work

Each theft charge will vary. This means that each defense attorney needs to take each case with an open mind. Make sure that you are open and honest with your defense attorney. This will ensure that you are facing the best outlook possible. 

If you are looking for an experienced theft defense lawyer, contact Carl Barkemeyer of Barkemeyer Law Firm. He is a criminal defense attorney who handles theft charges regularly and can help with your case. Call for a consultation today.