Criminal theft charges are extremely serious, and the potential penalties upon conviction typically depend on the amount that an individual allegedly stole. Fortunately, individuals accused of theft can raise one or more legal defenses in court. If a defense is successful, it may result in a complete dismissal of the case.
If you are currently facing a theft charge, a skilled theft crimes lawyer in your area can meet with you to discuss your arrest, determine your legal options, and pursue the best possible result in your case – either through a favorable plea deal from the state prosecutor or a favorable result at trial.
Elements of a Theft Charge That the Prosecution Must Establish to Obtain a Conviction
To convict someone of theft, the prosecutor must prove several key elements beyond a reasonable doubt. These elements vary slightly depending on the jurisdiction, but the basic principles remain the same. The following is a breakdown of what must typically be established:
- Taking of Property – The first element is that the accused must have taken someone else’s property, which means physically removing it or otherwise exercising control over it. The property can include anything of value, such as money, personal belongings, or even services in some cases.
- Lack of Permission – The prosecutor must prove that the person took the property without the owner’s consent. In other words, the property was taken without the owner agreeing to it, either verbally or through actions. This lack of permission distinguishes theft from situations like borrowing, where the owner has given approval for the use of the property.
- Intent to Deprive – One of the most important elements is the intent to permanently deprive the owner of their property. The prosecutor must show that the accused intended to keep the property or not return it to its rightful owner. If someone takes property by accident or with the intent to return it, they may not be guilty of theft.
- Knowledge – The prosecutor must establish that the accused (defendant) knew that the property belonged to someone else. If the person genuinely believed the property was theirs or that they had permission to take it, they may have a defense against the theft charge.
- Movement or Control of the Property – In some cases, even slight movement or control of the property can be enough to prove theft. The person does not necessarily have to leave the premises or completely take ownership of the item. The key is showing that they exercised control over the property, intending to keep it.
- Value of the Property – The value of the property can affect the severity of the theft charge. Higher-value items may result in felony charges, while lower-value items may lead to misdemeanor charges. However, value does not have to be proven for a theft conviction – just that the accused took property unlawfully.
By proving all of these elements, a prosecutor can make a strong case for a theft conviction. If the prosecution fails to prove even one element, the defendant cannot be found guilty.
Potential Penalties for a Theft Conviction
A theft conviction can lead to various penalties depending on the severity of the offense, the value of the stolen property, and whether the person has prior convictions. Penalties typically include fines, jail or prison time, probation, and restitution, with the specifics varying by jurisdiction.
- Fines – One of the most common penalties for theft is a fine. The amount can range from a few hundred dollars to thousands, depending on the value of the stolen property and whether the charge is a misdemeanor or a felony. For minor thefts, such as shoplifting or petty theft (usually involving property valued under a certain amount, for example, $500), the fines are generally lower. In contrast, grand theft involving high-value property can lead to much steeper fines.
- Jail or Prison Time – The length of jail or prison time for a theft conviction depends largely on whether the crime is classified as a misdemeanor or felony. Petty theft, a misdemeanor, may result in shorter jail sentences, typically less than a year, which are often served in county jail. However, grand theft or more serious thefts, which are felonies, can lead to longer prison sentences, sometimes ranging from several years to a decade or more. Repeat offenders or those convicted of aggravated theft, such as stealing during a home invasion, may face even harsher penalties.
- Probation – Instead of or in addition to jail time, a person convicted of theft may be placed on probation. Probation allows the individual to remain in the community under certain conditions, such as regular meetings with a probation officer, attending counseling, or completing community service. The length of probation varies, but it can range from a few months to several years. Violating the terms of probation can lead to additional penalties, including jail time.
- Restitution – Courts often require individuals convicted of theft to pay restitution to the victim. Restitution is the repayment of the stolen property’s value or compensation for damages caused during the theft. The amount of restitution depends on the stolen property’s value and any other financial harm the crime caused.
Common Collateral Consequences of a Theft Conviction
A theft conviction can lead to several collateral consequences beyond the direct penalties of fines, jail time, probation, and restitution. These consequences can affect a person’s life long after they have completed their sentence and can affect their ability to move forward.
- Employment Difficulties – One of the most significant collateral consequences of a theft conviction is the difficulty in finding and keeping a job. Many employers conduct background checks, and a theft conviction can be a red flag. Employers may view someone with a theft conviction as untrustworthy or risky, especially for jobs that involve handling money, property, or sensitive information, thereby limiting the range of job opportunities available and making it harder to secure stable employment.
- Housing Challenges – A theft conviction can also make it more difficult to find housing. Landlords often run background checks on potential tenants, and having a criminal record, particularly for theft, may cause them to reject applications. This condition is especially true for housing that is in high demand or when landlords are looking for tenants they consider low-risk.
- Educational and Financial Aid Barriers – A theft conviction can create challenges for individuals seeking higher education. Some colleges and universities ask about criminal convictions during the application process, and a theft conviction can affect admission decisions. Furthermore, federal financial aid may be harder to obtain for individuals with a criminal record, depending on the specifics of the case and the timing of the conviction.
- Loss of Professional Licenses – Certain professions require licenses to practice, such as lawyers, healthcare workers, and financial advisors. A theft conviction can lead to the loss or suspension of professional licenses, making it difficult or impossible to work in those fields. Some licensing boards may deny applications for new licenses or revoke licenses for those already practicing.
- Damage to Personal Reputation – A theft conviction can damage a person’s reputation, not only in their community but also among family and friends. The stigma associated with a criminal conviction can strain personal relationships and make it harder to rebuild trust.
Defending Against a Theft Charge Successfully
When facing a theft charge, there are several important legal defenses that may be used to challenge the prosecution’s case. The effectiveness of these defenses depends on the specific circumstances of the case, but here are some of the most common and effective strategies:
- Lack of Intent – One of the key elements the prosecution must prove in a theft case is intent. To convict someone of theft, the prosecutor must show that the person intended to permanently deprive the owner of their property. A defense lawyer can argue that their client had no such intent. For example, if the accused took something by mistake or thought they had permission to borrow the property, there was no intent to steal. Without intent, the charge may not hold up.
- Claim of Ownership – A defendant can argue that they believed the property in question was theirs or that they had a legitimate claim to it. If the person honestly thought they were entitled to the property, this defense can challenge the prosecution’s case. However, the belief must be reasonable, and the defendant must have evidence to support their claim of ownership or entitlement to the property.
- Consent – If the owner of the property gave the accused permission to take or use the item, then theft did not occur. This defense involves showing that the person who owned the property allowed the defendant to use or take it. A defense lawyer may introduce text messages, emails, or verbal agreements to demonstrate consent.
- Lack of Knowledge – Another potential defense is that the defendant did not know the property belonged to someone else. If a person mistakenly took something without realizing it was someone else’s property, they cannot be found guilty of theft because they lacked the knowledge that they were committing a crime.
- Entrapment – Entrapment occurs when law enforcement officials induce someone to commit a crime they otherwise would not have committed. If a defendant can prove that police or government agents pressured or tricked them into stealing, entrapment can be a valid defense. However, simply providing an opportunity to commit theft does not count as entrapment.
- Return of Property – While returning the stolen property does not automatically absolve someone of a theft charge, it may help reduce the severity of the penalty. In some cases, returning the property can be used to argue that the defendant never intended to permanently deprive the owner of their property, which can lessen the charges.
How a Criminal Defense Attorney Can Help with Your Theft Case
An experienced criminal defense attorney can be invaluable when it comes to successfully defending you against a theft charge. Their knowledge of the law, experience in handling cases like yours, and ability to craft effective defense strategies can greatly influence the outcome of your case. Here are some of the most important ways that a skilled defense lawyer can help:
- Analyzing the Case – A defense lawyer will thoroughly examine the details of your case, including the evidence against you, the police report, and witness statements. This careful review helps identify weaknesses in the prosecution’s case and possible legal defenses. A strong defense starts with understanding the facts and knowing how to challenge the evidence.
- Challenging the Evidence – One of the attorney’s key roles is to challenge the evidence the prosecution presents, which may include questioning the credibility of witnesses, pointing out inconsistencies in their statements, or arguing that law enforcement obtained the evidence unlawfully. For example, if the police conducted an illegal search or seizure, your lawyer may file a motion to suppress that evidence, which can lead to the charges being reduced or dropped.
- Building a Strong Defense – Based on the facts of the case, a defense lawyer will craft the best possible defense strategy. They may argue that there was no intent to steal, that you had permission to take the property, or that you believed the property was yours. A good lawyer knows which defenses are most likely to succeed based on their experience and knowledge of local laws.
- Negotiating with Prosecutors – Many theft cases are resolved through plea bargaining. An experienced defense attorney can negotiate with the prosecutor to seek a reduction in charges, less severe penalties, or alternative sentencing options, such as probation or community service. Skilled negotiation can prevent the case from going to trial and result in a more favorable outcome.
- Providing Legal Guidance – Throughout the process, your defense lawyer will guide you, ensure your rights, and explain all aspects of your case so that you can make informed decisions. As a result, you will be better equipped to navigate the complex legal system and work toward the best possible outcome in your theft case.
If your case goes to court, having a strong advocate in the courtroom is important. Your attorney will present your defense, cross-examine witnesses, and argue on your behalf to convince the jury or judge of your innocence – or to lessen the charges.
Talk with an Experienced Criminal Defense Lawyer in Your Area Today
If you are currently facing a criminal charge for theft, you want the best possible criminal defense attorney to advocate for you at every stage of the proceedings. At Chudnovsky Law, your lawyer can explore your legal rights, represent you during all legal proceedings, and fight for the best possible result in your case.