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When a client faces a criminal charge, attorneys have to strategically formulate a defense that will win over a judge and jury. For example, when it comes to theft or larceny, there are several ways to get the charges dropped or the penalties reduced. If you want to learn more about theft and its most common defense strategies, consult the following guide.

What Is Theft?

In Missouri, theft occurs when a person takes property or services without consent, by deceit, by coercion, or with the intent to deprive the owner of compensation. Therefore, theft could be stealing a TV from an electronics store, or it could be eating a meal and leaving without paying.

What Are the Possible Defenses?

attorneyIf you hire a criminal defense attorney to fight your case, they will have many angles from which to argue your innocence. For example, if you believed the item was yours, they might try a “claim of ownership” defense. To be successful, you’ll have to prove you held a good faith belief that the property was yours or provide evidence you had a claim to it. If you realized a piece of property wasn’t yours and returned it as soon as possible, you might be able to reduce the penalties or sweeten the plea deal offered by the prosecutor.

Another theft defense is based on whether or not you were under the influence at the time. In the intoxication defense, an attorney will try to prove that you were stealing under the effects of alcohol, drugs, or chemicals and therefore didn’t have reasonable judgment skills. This defense will require proof of your intoxication, and the attorney must be careful not to prove you were publicly intoxicated — its own criminal offense. Finally, if you were pressured by another individual or group to steal property or services — such as being threatened with violence or a weapon — you could use the entrapment defense to fight the charge.

 

If you were accused of a criminal offense such as theft, get in touch with Hackworth, Ferguson & Thompson of Piedmont, MO. These attorneys have over 45 years of experience providing a wide range of legal services to area residents. Whether you have a personal case or need a divorce attorney, call (573) 223-4247 to schedule a consultation. You can also visit the website to learn more about their firm.

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