Effective theft defense strategies include proving ownership of the property, questioning ownership of the alleged victim, arguing temporary deprivation, disputing the value of the property, or making a deal with the prosecutor. Each strategy’s effectiveness varies depending on the situation.
Theft is most often described as taking one’s property with the intention of keeping that property, or permanently depriving the owner. The exact definition may vary slightly from one jurisdiction to another. Determining a good theft defense involves carefully considering this definition and finding out where it doesn’t fit in your specific situation. While no defense strategy is 100% effective, some are more effective than others.
A very effective theft defense is that the defendant is actually the owner of the property. This can be difficult to prove, simply because if the facts weren’t in dispute, there probably wouldn’t be a prosecution. Despite this difficulty, if the theft defense strategy can convince a judge or jury that the defendant owns the property, acquittal is likely to be warranted. In some cases, charges may even be dropped before getting to the point of a trial.
Another strategy that may be used in some theft defense situations is the possibility that the property was not owned by the alleged victim. If the property was not owned by that person, then the defendant did not deprive that person of that property. The question could then become one of who owned the property. Naturally, this question is one that the prosecution must adequately answer.
If these defenses fail because victim and ownership are clearly established, another theft defense may involve the issue of permanent deprivation. In other words, if the theft was only intended to temporarily deprive the owner on a temporary basis, the expenses could be reduced. While this will still result in a fine, the charge could also be downgraded from a misdemeanor to a misdemeanor.
Another strategy that defense attorneys can use is one that questions the actual value of the property. Grand theft, for example, can involve property worth more than $500 US dollars (USD) or $1,000 USD, or some other amount, depending on the jurisdiction. If the value is less than those amounts, it may be called petty theft or some other related term. The penalties are not as severe for petty theft as compared to grand theft.
While not a true theft defense, it may also be possible for a defense attorney to make a deal if his or her client confesses. Perhaps a prosecutor can agree to cancel the record after a certain amount of time or recommend a lighter sentence, in exchange for not having to face the expense and frustration of a trial. Ultimately, if the crime has been committed, this may be the best option for a defendant.
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