The Best Defenses for Theft Crimes in Clearwater

Being accused of theft can be scary. But having an experienced criminal defense lawyer on your side can make all the difference. The attorneys at Clearwater Criminal Defense have seen hundreds of theft cases over the years. We know the common defenses that work — and the ones that don’t. Here’s our list of the top 7 defenses for theft crimes in Clearwater.

1. You Didn’t Actually Steal Anything

This may sound obvious, but the simplest theft defense is that you didn’t actually steal anything. The state has the burden of proving beyond a reasonable doubt that you took someone else’s property without permission and with intent to temporarily or permanently deprive them of it. If the prosecution lacks solid evidence that you took the item, you should be found not guilty.

For example, if you’re accused of shoplifting a bracelet from a store but no one ever saw you take it and there’s no video, the state would have a hard time proving you did it. Any doubts must be resolved in your favor.

2. You Had Permission to Take the Item

Another solid defense is that you had permission to take the property in question. If the owner consents, explicitly or implicitly, there is no “taking against the will” of the owner. And without that, there is no theft or larceny.

So if your roommate said you could borrow her laptop while she was away, but then reported it stolen when she got back, you would have a consent defense. Or if you picked up a “free item” sitting on someone’s lawn with a “take me” sign, the original owner gave implicit permission for you to take it.

3. You Didn’t Intend to Steal It

Nearly all theft crimes require intent to deprive the owner, either temporarily or permanently. If you ended up with someone else’s property by accident or mistake, you lacked the intent required under Florida law.

For example, if you grab the wrong laptop off the coffee shop counter because yours looks nearly identical, you did not intend to steal it. Or if you forget to scan an item at the self-checkout lane, there’s no intent to shoplift. While carelessness may be morally questionable, it doesn’t amount to a theft crime.

4. You Have a Legal Interest in the Property

You can’t steal something that already belongs to you. This defense comes up often in domestic disputes over household belongings or joint financial accounts. If you have a shared or equitable interest in the property, taking sole possession of it does not qualify as theft under Florida statutes.

For example, if you withdraw money from a joint checking account you share with an ex-spouse, you have a valid claim to that cash. The same may be true if you take furnishings from the home you co-own with a partner, depending on the circumstances.

5. Someone Else Actually Stole It

Sometimes more than one person has access or opportunity to take something, making it unclear who the actual thief was. As a criminal defendant, you only need to raise reasonable doubt about whether you were the one who took the item.

For instance, if multiple people had keys to an office where money went missing from a safe, it gives you grounds to point the finger at someone else. Or if you were one of five people captured on a grainy video at the scene of the theft, it likely won’t be enough to convict you.

6. You Were Forced or Coerced

If you were compelled against your will to take something, it may provide you with a legal defense. Duress involves being threatened with serious bodily harm or death if you refuse to commit a crime. Courts recognize this as negating the intent required for theft and most other offenses.

So if a violent partner threatened to shoot you unless you helped carry electronics out of a store, you can argue you only did it out of duress. However, the threat must be immediate and credible. Just being generally scared of someone typically won’t suffice as a defense.

7. You’re the Victim of False Accusations

Unfortunately, we’ve seen plenty of phony theft allegations motivated by grudges, jealousy, and other personal vendettas. Sometimes there is zero truth behind the charges.

If an accuser has blatantly fabricated evidence or their story makes no logical sense, an experienced defense lawyer can often get charges dismissed early on. Other times, you may need to go to trial and let a jury determine that the accusations ring false.

The bottom line is – don’t take theft allegations sitting down, especially if you are innocent. Meet with a skilled Clearwater criminal defense attorney to map out the holes in the prosecution’s case and discuss the strongest defense strategy for beating the charges.

At Clearwater Criminal Defense, we have successfully defended hundreds of clients against theft accusations over four decades. Click here for a free case review, or call us 24/7 at (727) 123-4567.