Defending Against Theft Charges

Theft crimes involve taking property belonging to another person or business without the intention to return it. We often associate the crime of robbery with thieves. However, theft does not require the victim to be present or the thief to use force or intimidation. Theft can happen when no one else is around.

Innocent people can face theft criminal charges just by being in the wrong place at the wrong time. To find out more about your rights to a legal defense, talk to a theft criminal defense attorney.

What Are Examples of Theft Charges?

Theft occurs more frequently than you may realize. Depending on state criminal laws, a theft charge may involve:

• Stealing a vehicle
• Shoplifting from a business
• Taking money from another person’s wallet
• Embezzlement from an employer
• Taking another person’s information to steal their identity
• Committing credit card, mail, insurance, or tax fraud

When you know the type of theft charge, you can work with your attorney to develop a legal defense strategy.

What Are the Different Kinds of Theft Charges?

States often categorize theft and larceny into different classifications. The type and value of the stolen item may determine the criminal charges. It can also make the difference between a misdemeanor and a felony.

• Some states define petty theft as stolen property valued under $1,000 or grand theft for property usually exceeding $1,000. Some states also have grand felony theft charges for more expensive property.
• Other states use different degrees in their theft charges. For example, you may receive a first-degree theft charge for stealing an expensive sports car. You could receive a third-degree theft charge for shoplifting a jacket from a store.

Each state defines its own categories of theft along with different penalties. Charges may also depend on whether you were alone in the theft or part of a larger theft scheme.

What Happens if You Are Charged With Theft?

A police officer may try to recover any stolen property and use the stolen property as evidence in your case. Law enforcement may carry out an investigation for evidence like video recordings or witnesses to the crime. The prosecutor may offer a plea deal, or you can go to trial with your attorney to fight the charges.

What Are the Penalties for Theft?

The penalties for a theft conviction vary from state to state and by the type of theft charge and any past criminal history. Prior theft convictions, in particular, will likely increase the severity of your sentence.

Often, misdemeanors result in fines, restitution, and probation, but some states may sentence you up to a year in prison. Fines for misdemeanor offenses are generally under $1,000 but may change based on the situation. Usually, probation for these convictions is one year, but some jurisdictions may require this period to be longer.

Felony charges are punishable by higher fines, restitution, longer probation, and potential jail time for longer than a year.

What Are Common Defenses to Theft Offenses?

You may have legal defenses to theft charges. Legal defense strategies include:

• Entrapment
• Mistaken identity
• Someone else put the property in your bag or pocket
• You were only taking back your own property
• You had permission to borrow the property

Your attorney can also challenge the prosecutor’s evidence against you. If the police searched illegally to find the stolen property, your attorney can keep that evidence out of court. Without any evidence of stolen property, the prosecutor may have to drop the criminal charges. For the best legal defenses in your case, talk to your criminal defense lawyer.

Do I Need a Criminal Defense Lawyer?

It would be best to hire an attorney who regularly handles theft cases. An experienced criminal defense attorney can help you develop a defense strategy to fight theft charges. Attorneys can also help you negotiate a plea agreement to avoid jail time.

Though petty theft is a misdemeanor, it could leave you with a criminal record. Contact a criminal theft defense lawyer for legal advice in your criminal case.