Theft is a serious issue, and those accused of theft crimes can face a complex legal landscape. Therefore, understanding the available defense strategies is crucial for anyone navigating this system. If you are facing a theft charge, how can knowing about various defense options help you make informed decisions concerning your case?
Consent and mistake of fact defenses
One potential defense strategy against a theft charge involves consent. In these cases, the defendant argues that they had permission from the property owner to take or use the property in question. To use this defense, the defendant must prove that:
- They had permission from the owner to take or use the property.
- The owner was authorized to give such permission.
- The defendant did not exceed the scope of the permission granted.
Another defense strategy is the mistake of fact. In essence, the defendant argues that they took the property under the belief that it was theirs. For example, a person picks up a cell phone at a cafe, believing it to be their own, when it belongs to someone else.
Claim of right defense
In addition, the claim of right defense is similar to the mistake of fact defense. In this case, the defendant argues that they had a good faith belief in their entitlement to the property.
To use this defense, the defendant must show that they genuinely believed they had a right to the property. Further, they should prove that they took the property openly and without concealment and did not use force or intimidation to take it.
Safeguarding your rights and future
Understanding the common defense strategies available in theft cases is a crucial step toward safeguarding your rights and future. Since a theft charge is more complicated than it might initially appear, seeking an advocate may provide you with guidance and support as you navigate the complexities of the legal process.
