Five Defenses Your Rochester Lawyer Can Raise to Invalidate Your Theft Charges
A theft charge can leave you feeling confused and wondering what your legal options available are. But, one thing you should not do in this situation is never to confess or try to provide an alibi. Rather, you must speak with an experienced Rochester lawyer right away to schedule your consultation and explore the potential defenses for your case. Every story has two sides and even if your accuser has solid evidence to prove their allegations, you must know that whatever you say to the police officer may be used against you.
Theft is committed when someone takes another permission property without permission. If somebody accuses of theft, they must prove that you took their property and do not want to give it back. Remember that the intent behind the theft is essential. The right legal defense can help absolve you of the theft charges you are facing. Even if the accuser’s evidence points against you, the best attorney could help you defend your case. The following are some of the kinds of theft defenses your attorney may use:
Claim of Ownership
Claiming ownership is one way you could avoid a conviction. This involves proving that you own the property. Often, this is not as easy as saying the property belonged to you. You must provide the court with evidence to support your claim.
Lack of Intent
A theft conviction is possible only if there is an intent to steal. To invalidate a theft charge against you, you must prove that you did not intend to steal the property and that you had the other person’s permission. To make out this defense, you may need to testify to your intentions.
If you were intoxicated at the time of the theft, your attorney can use this in your defense. If the theft occurs while you were under the influence of drugs or alcohol, your attorney can persuade a judge that you did not have the intent to commit the crime.
This defense can be raised if you end up taking the property in question because you were threatened with violence or blackmailed into committing the crime.
Entrapment is when a police officer, for instance, induces you to commit theft to arrest and prosecute you. This practice is illegal and if you could show a police office entrapped you, your attorney can request the court to invalidate the theft charges.