Common Defenses Against Theft Charges

Common Defenses Against Theft Charges

Facing theft charges can be a stressful and overwhelming experience. Understanding your legal rights and the defenses available to you is critical to navigating the legal process and achieving the best possible outcome. In this post, we’ll explore some common defenses against theft charges, providing insights into strategies that can be used to challenge allegations effectively. With over 20 years of experience, David Canty offers expert representation to help clients in Southern California build a strong defense.

Understanding Theft Charges

Theft charges encompass a wide range of offenses, from shoplifting to embezzlement, burglary, or grand theft. These charges often carry severe penalties, including fines, restitution, and even imprisonment. To secure a conviction, the prosecution must prove beyond a reasonable doubt that you unlawfully took someone else’s property with the intent to permanently deprive them of it. However, several common defenses against theft charges can be utilized to counter these claims.

Steps to Take if You Are Accused of Theft

Common Defenses Against Theft Charges

Every case is unique, and the appropriate defense strategy will depend on the specifics of your situation. Below, we outline several common defenses against theft charges that an experienced attorney like David Canty might use to protect your rights.

Lack of Intent as a Defense Against Theft Charges

One of the most common defenses against theft charges is the argument that the accused lacked the intent to steal. Intent is a crucial element in proving theft. For example, if you accidentally took an item believing it was yours, this lack of intent to deprive the owner of their property can serve as a powerful defense. Without evidence of intent, the prosecution may struggle to secure a conviction.

Ownership Disputes in Theft Cases

Another defense involves disputes over ownership. If you genuinely believed the property belonged to you, this misunderstanding could invalidate the theft charge. Cases involving borrowed items, unclear agreements, or shared ownership often fall under this category. By demonstrating that you had a legitimate claim to the property, your attorney can challenge the prosecution’s case.

Consent of the Property Owner

If the property owner consented to you taking or using the property, this could serve as a viable defense against theft charges. For example, if you borrowed an item with the owner’s permission but were later accused of theft due to a misunderstanding, your attorney can present evidence of this agreement to the court.

Mistaken Identity in Theft Charges

Mistaken identity is a frequent issue in cases involving theft, particularly in situations with limited evidence or unclear surveillance footage. If you were falsely identified as the perpetrator, your attorney can gather evidence, such as alibis or contradictory witness statements, to challenge the accusation. Learn more about theft charges here.

Lack of Evidence in Theft Cases

The prosecution bears the burden of proving theft beyond a reasonable doubt. If the evidence is circumstantial or insufficient to establish that you committed the alleged theft, your attorney can argue for dismissal or acquittal. A lack of physical evidence, unreliable witnesses, or contradictory testimony can weaken the prosecution’s case.

Coercion or Duress as a Defense

In some cases, individuals accused of theft may have acted under coercion or duress. For instance, if someone threatened or forced you to take property against your will, this could form the basis of a solid defense. By presenting evidence of the coercion, your attorney can demonstrate that you lacked free will when the alleged theft occurred.

Entrapment in Theft Cases

Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. If you were pressured or tricked by law enforcement into committing theft, this defense could apply. Proving entrapment requires showing that you were not predisposed to commit the theft and that law enforcement’s actions directly led to the crime.

The Importance of an Experienced Criminal Defense Attorney

Navigating theft charges requires an attorney with extensive experience and knowledge of criminal defense strategies. David Canty has spent over two decades representing clients across Southern California, ensuring their rights are protected and providing strategic counsel tailored to each case. Whether you are facing shoplifting, grand theft, or embezzlement allegations, David Canty’s expertise can make all the difference.

Building a strong defense begins with understanding the charges against you and exploring all possible avenues for dismissal or acquittal. By leveraging the common defenses against theft charges outlined above, you can challenge the prosecution’s case and strive for a favorable outcome.

Why Choose David Canty for Your Defense?

When facing theft charges, you need a legal advocate who will fight tirelessly on your behalf. David Canty’s 20+ years of experience in criminal defense proceedings equips him to handle even the most complex cases. He works closely with clients to craft a defense strategy that aligns with their specific circumstances. From investigating the evidence to negotiating with prosecutors, David Canty is committed to protecting your future.

Being accused of theft is a serious matter, but by taking the right steps and working with an experienced criminal defense attorney, you can protect your rights and work towards a favorable outcome. If you’re facing theft charges in Southern California, consider reaching out to David Canty. With over 20 years of experience, he can provide the expert legal representation you need to navigate the legal process and defend your future.

Facing theft charges? Get the experienced legal defense you need. At the Law Office of David Canty, PC, we offer strategic representation for theft cases throughout Southern California. With over 20 years of criminal defense experience, David Canty is dedicated to protecting your rights and fighting for the best possible outcome in your case. 🌟 Don’t face these charges alone—contact us today for a confidential consultation and let us build a strong defense for you!

Schedule an Appointment for a Free Consultation

If you or a loved one are facing theft charges in Pomona or surrounding area, don’t wait to seek legal representation. With offices in Pomona, Rancho Cucamonga, West Covina, and Riverside, David Canty is ready to fight for you. Contact us today to schedule a free consultation and let us help you navigate the complex legal process, protect your rights, and fight for the best possible outcome in your case.

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HOW CAN WE HELP?

If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.