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Is it possible to defend allegations of theft?

On Behalf of | Jun 2, 2020 | Firm News

Criminal charges are complex legal matters that can put Ohio residents in difficult and life-altering situations. For a person who has never had to deal with the criminal justice system, an arrest based on an alleged theft can be confusing, scary, and overwhelming. For most men and women facing criminal charges, getting help is a priority. Criminal defense attorneys are excellent resources for individuals who want to prepare themselves to fight for their legal rights.

When it comes to allegations of theft, there are a number of possible defenses that may provide individuals with options for overcoming their charges. However, it is important that all readers understand that the facts and circumstances of individuals’ cases will dictate what defense options they may have. This post only provides information and offers no legal advice.

Generally, theft is a property-based crime. Its prosecution requires two elements: the taking of someone else’s property and the intent to divest them of it. Theft is not an accidental occurrence. In order for theft to be proven, it must be shown with evidence that the defendant meant to take the alleged victim’s property.

Therefore, one defense to theft may be that of accident or mistake. If an individual inadvertently takes someone else’s property without intent, a theft does not occur. Similarly, if a person takes property that is theirs but is alleged to be that of the victim, the defendant may be able to defend their charges by showing that the property in question is something that they own.

Overcoming a charge of theft requires a careful analysis of facts and evidence. All criminal charges stem from different factual scenarios and may result in different legal outcomes. Criminal defense attorneys can advise their clients of their options for successfully defending their theft charges.