There are many varying types of theft recognized by Pennsylvania law. Regardless of the type of offense you are guilty of, a conviction will result in severe penalties including fines, jail time, and victim restitution. Understanding your legal rights and options when facing criminal charges is essential in protecting your future. To learn more about the different types of defenses that can be used against your charges, speak with a York County, PA theft crime attorney today.
What Defenses Can Be Used Against Theft Charges?
When facing theft charges, there are a variety of legal defenses available to challenge the accusations being made against you. Depending on the circumstances of your case, one or more of the following options can be effective defensive strategies.
- Lack of intent: An important element of a theft conviction is the defendant’s intention to commit the offense. You can only be guilty of theft if you planned to take the property knowing it did not belong to you and that you intended to permanently deprive the owner of their property. If you did not have this intention, you may be able to avoid a conviction.
- Consent from the owner: Another effective defense to theft charges is that the property was taken with permission from the owner. If you can prove that the owner agreed you could take the property or provided you with explicit or implicit consent, no crime was technically committed. This can work, for example, if you borrow a car from a friend and they attempt to charge you with theft after you do not return it on time.
- Mistake of fact: Mistake of fact is a powerful defense if it can be proven. A mistake of fact is a claim that you genuinely believed that you were entitled to take the property. This could be the case if you own a similar item and believed it was yours or if you thought the property was abandoned and up for grabs, so to speak.
- Duress: Duress can be used as an effective defense if you were forced to commit the crime under threats or pressure from another person. If you were threatened with violence or some other tactic, you may have felt you had no choice but to steal the property.
- Entrapment: Entrapment can occur when law enforcement officers coerce you to commit a crime that you otherwise would not have committed. If you were set up or encouraged to commit the act of theft by a police officer, you could claim entrapment.
- Mistaken identity: There is a chance that you were wrongfully identified as the perpetrator but actually had no hand in the theft. If you can prove that you did not take the property through surveillance footage, an alibi, and witness testimony, it can work as a strong defense.
With the help of an experienced attorney, you can gather evidence and implement one or more of the above defenses in your case. Reach out to a skilled defense lawyer today for more information.
