In California, theft charges can range from petty theft to grand theft and even more severe crimes like burglary or robbery. If you have been charged with theft you may be concerned about your future, but it is important to remember that you are innocent until proven guilty. There are several effective defenses that can be utilized to counter theft charges. Understanding which tactics will work best for your case is crucial when facing criminal charges. Reach out to a Tehama County theft lawyer for more information and skilled representation today.
What Are Some Defenses for Theft Charges in CA?
Depending on whether or not you actually took the property you are being accused of and the details surrounding the circumstances, you could implement one or more defensive strategies to fight the charges being brought against you by the prosecution.
With the help of your attorney, consider the following defense during your theft case.
- Mistake of fact: It is possible that you took the property while genuinely holding the belief that you had the right to do so. If you truly were under the impression that you were entitled to the property and did not think you were stealing because you had a valid claim to the property, it could work as an effective defense.
- Lack of intent: One of the fundamental elements of a theft charge is the purposeful intention to take the property and deprive the owner of the item. If the prosecution cannot prove that you had the intent to steal or if you can demonstrate that you did not intend to take the property at all or permanently, it could serve as a valid defense.
- Permission from the owner: Another possible defense is that you had permission to take the property. If you can prove that you had the owner’s consent to take the property, whether verbally or in writing and explicitly or implicitly, it could work as a defensive strategy.
- Entrapment: If you were coerced or tricked into stealing the property by a police officer or other law enforcement agent, you could use entrapment as a defense in your case.
- Duress: If you committed the crime of theft but did so under duress, it can be used as a defense. Duress is when another person pressures you to do something that you would not otherwise do under threat of violence or some other force.
- Mistaken identity: Maybe you did not commit the crime at all and are being falsely accused. If you can provide an alibi along with solid evidence corroborating your story that you were elsewhere when the property was stolen and you could not have committed the act, it can be a compelling argument.
Any of the above arguments can prove beneficial in your case. An experienced criminal defense lawyer can evaluate the details of your situation and offer skilled advice regarding a defensive strategy.
