If you are facing charges of theft, you need to understand that a conviction can carry numerous and severe penalties, including time in jail or prison. It is also likely that a conviction will impact your employment, housing and even credit. You will need to know what types of defenses are available.
Theft charges involve the illegal taking or control of property without the owner’s consent. Criminal theft covers a broad spectrum of offenses, from petty shoplifting to burglary or robbery. The specifics of the crime and its consequences are dependent on a variety of factors, including the value of the stolen property and the defendant’s history and circumstances.
In general, the prosecution must prove that the defendant knowingly took or took possession of another’s property with intent to permanently deprive them of it. Many of the most complex challenges in theft cases revolve around this “intent” element, as the accused may genuinely believe that they had a right to take or possess the property in question. A common defense is that the accused simply made a mistake, such as when someone borrows a friend’s car keys and later forgets to return them.
In some instances, the use of violence or threat of force may escalate a theft charge to the more serious crime of robbery. Likewise, the use of stolen credit card numbers or personal information may also increase the severity of a theft case. A breach of trust will also aggravate the seriousness of a theft case, such as when a caregiver or employee steals from their employer.