The best defense against theft allegations lies in the case’s individual elements. A theft defense attorney in Emporia, KS knows how to evaluate each case’s facts and determine the best way to proceed. Clients and lawyers can choose from a variety of options when building a defense against theft charges. To start things off right, consider some of the most common defenses used.
Entrapment
For the successful use of the entrapment defense, the defendant must have been coerced or threatened into committing the crime. The goal of this theft defense is to go after the person who performed the entrapment or induced the defendant’s criminal activity and to prove that the client would not have committed the act if not under duress.
Property Rights or Ownership
While a theft defendant cannot merely say they took an item because it belonged to them, this defense can be strong if the defendant has proof to back up their assertions. The goal of the ownership defense is typically to have the charges dismissed.
Intoxication
To use the intoxication defense, a theft defense attorney in Emporia, KS must prove that their client could not have formed the intent to steal the property in question. For instance, a defendant may have inadvertently taken someone else’s property while under the influence of alcohol or drugs. The goal of the intoxication defense is usually an outright dismissal of charges.
Returning the Stolen Items
This defense is rarely successful, but it can be used in some cases. The only real way for this defense to succeed is for the attorney to establish that the client intended to return the stolen items and that they only borrowed the items. The goal of this theft defense is usually a plea deal or reduced charges.
As potential clients can see, it takes a tremendous amount of investigative skill, careful planning, and forethought to form a successful defense against theft charges. These cases are complicated, and defendants normally lack the legal knowledge to handle them alone. For the best defense, contact us to speak to a theft lawyer in the area.
