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If you’ve been accused of a crime, a compelling defense is key to maintaining innocence and getting the most beneficial outcome possible. Cases of theft may employ several different strategies. Your criminal defense attorney will discuss the details and circumstances of your situation to determine the right approach. Below are four common tactics lawyers use to assist their clients.

4 Potential Defenses in Cases of Theft

1. Establish a Right of Ownership

With a right of ownership argument, an accused person presents the idea that they believed the item stolen was theirs and, therefore, they could do with it what they pleased. For example, let’s say a young person has a car that was purchased by and registered in the name of a parent. After an argument with their parents, that individual takes the automobile, and the parents report the vehicle stolen. The accused could conceivably argue that they had reason to believe the car was theirs and, as such, no crime was committed.

2. Entrapment

Icriminal defense attorneyn an entrapment strategy, the criminal defense attorney argues that someone else forced the defendant to steal the property in question. For this approach to work, there must be compelling evidence that the defendant was essentially under pressure from this other party to commit the crime. Usually, the accused will have to show that they faced imminent danger or the threat of harm from the other party had they not stolen the item.

3. Intoxication

An intoxication defense is exactly what the name implies: an argument that the accused was under the influence of alcohol or drugs and thereby not culpable for their actions. When this tactic is used, a defendant typically suggests that they took the property by mistake because the intoxicant clouded their judgment. Those who use such a defense often have a verifiable history of alcohol or drug abuse.

4. An Intent to Return the Item

In this case, a criminal defense attorney will argue that the accused was only borrowing the property and fully intended to return it. Lawyers who use this approach show that you had no intent to steal the item and honestly forgot to give it back afterward. Without the motive to steal, the action can't be called a theft.

 

If you are accused of theft, let the criminal defense attorneys at The Law Offices of Conti & Levy provide you with the highest quality legal defense. They represent clients in the Litchfield County, CT, area in a variety of legal matters, including criminal cases, civil litigation, and education law issues. Call (860) 482-4451 to set up a free initial consultation today. Visit the website for more information about their practice areas, or follow them on Facebook for regular insights and updates.

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