Common Legal Defenses Against Theft Charges
Being accused of theft can be scary. Even if you’re innocent, proving it can be an uphill battle. The good news is, there are several legal defenses that can get the charges against you dropped or reduced. As a Clearwater defense lawyer, I’ve seen many theft cases, and I want to share the most common defenses I’ve used to help clients beat the rap.
You Didn’t Actually Steal Anything
This may seem obvious, but the simplest defense is that you didn’t actually steal anything. The prosecution has to prove beyond a reasonable doubt that you took something that didn’t belong to you. If the evidence is shaky or circumstantial, we can argue there’s reasonable doubt about what happened.
For example, I once defended a man accused of shoplifting a DVD from Walmart. But the DVD was never found on him, and there was no video footage of him taking it. We argued there was no solid proof he actually stole it. The charges got dismissed.
You Had Permission
Another solid defense is that you had permission to take the item in question. This is common in disputes between family members or roommates. Like if your sister claims you stole her clothes, but you argue she said you could borrow them. As long as you can show proof of permission – like text messages – this can invalidate theft charges.
I defended a college student once who was accused of stealing his roommate’s PS4. But we found messages where the roommate said it was cool to use it whenever. The charges were quickly dropped.
You Were Unaware It Was Stolen
If you unknowingly received or possessed stolen property, that’s not the same as stealing it yourself. This “innocent possession” defense argues you didn’t realize the property was obtained illegally. And you can’t be convicted of theft for unknowingly possessing hot merchandise.
I used this for a client who bought a used bike off Craigslist that turned out to be stolen. We proved she had no way of knowing, and the charges were dismissed.
You Had a Claim to the Property
If you had a good faith claim or right to the property, the theft charges can be defeated. For example, taking something you believe you partly own, or that you believe someone owes you. Like keeping items after a break-up you feel you’re entitled to. If you genuinely believed you had a right to the property, it’s not theft.
I defended a man who kept his ex’s TV that was technically jointly owned. We got the charges dropped because he had a good claim to it.
Mistake of Fact
If you took property by mistake or accident, believing you were entitled to take it, that’s a solid defense. Like if you mistakenly pick up the wrong bag at the airport. Or grab someone’s umbrella thinking it’s yours. You lacked intent to steal, so it’s not theft.
I used this when a client took a bike he thought was abandoned. Turns out it wasn’t. But we argued he made an honest mistake, and the charges were dismissed.
Diminished Mental Capacity
If mental illness or disability prevented you from understanding what you were doing, you may have a defense. Things like dementia, schizophrenia, intellectual disability, or brain injuries can make it impossible to form intent to steal. With medical records, we can often get charges reduced or dismissed.
I defended a schizophrenic man who pocketed items from a store during an episode. With doctor records confirming his illness, the case was thrown out.
Duress or Coercion
If you were forced or coerced into committing theft under threat, you may not be criminally liable. Like if you stole to avoid violence from an abusive partner or parent. The defense argues you lacked free will. With proof of coercion, the charges can often be reduced or dropped.
I once used this for a teen who stole jewelry for her abusive boyfriend. With evidence of the abuse, the charges were dismissed.
Necessity
If you stole something out of necessity for survival, you may have a defense. Like stealing food when starving or medicine when severely ill. While frowned upon, such acts of desperation likely don’t warrant criminal charges if the necessity can be proven.
I defended a homeless man who stole bread and peanut butter to avoid starvation. Under the circumstances, the charges were dropped.
Entrapment
If police coerced or improperly induced you into committing theft, that’s entrapment. Like if an undercover cop pressured you into stealing something you wouldn’t otherwise have stolen. Entrapment makes the charges invalid, since you were manipulated into the crime.
I once got a case dismissed where my client was entrapped into stealing beer by undercover officers. Their overzealous methods got the charges thrown out.
So in summary, various legal defenses can defeat theft charges: you didn’t do it, had permission, were unaware the item was stolen, had a valid claim to the property, made a mistake, had diminished mental capacity, acted under duress or necessity, or were entrapped. Accused of theft in Clearwater? Call me to discuss the best defense for your specific case!
Sources:
Common Defenses for Theft Crimes
Common Defenses for Theft Crimes
California Theft Laws & Defenses