When someone is accused of theft, they may feel overwhelmed and unsure of how to respond. Thankfully, there is good reason to breathe through this stress. Charges are not the same as convictions for an offense. Defendants have the right to work with an attorney in order to prepare an informed defensive response to allegations of wrongdoing.
There are several legal defenses that an experienced criminal defense attorney may opt to explore in order to protect the rights of the accused. The best defense strategy for a particular situation depends on the details of the case, including the nature of the alleged theft, the available evidence and whether the accused’s alleged intent is likely to be provable.
Building a defense strategy
One common defense is “a lack of intent.” Theft charges usually require proof that a person knowingly took something with the intent to permanently deprive the owner of it. If someone mistakenly believed that property was theirs, or if they had reason to believe they had permission to take or use it, this can be a powerful defense. For example, borrowing an item without realizing it needed to be returned by a specific time might not meet the legal definition of theft.
Another frequent defense is “a mistake of fact.” In these cases, the accused might have taken something accidentally, such as picking up the wrong bag at a store or using another person’s item without realizing it. If there was no intention to steal, the prosecution’s case may fall apart.
Consent may also be a significant concern. If the alleged victim gave permission—either explicitly or implicitly—for the accused to take or use their property, then it may not be considered theft under the law. Proving prior consent can involve text messages, witness statements or a history of similar transactions.
False accusation is another potentially powerful defense. Sometimes people are wrongly accused of theft due to personal disputes, misunderstandings or even retaliation. An experienced defense attorney will work to uncover inconsistencies in the accuser’s statements and investigate possible motives for the false claim.
In some cases, a defense may focus on the lack of sufficient evidence. If there is no surveillance footage, no witnesses and no physical evidence tying the accused to the stolen item(s), the defense can argue that the prosecution has not met its burden of proof.
Facing a theft charge is serious, but it is not a hopeless situation. A strong defense can potentially insulate the accused from a conviction.