A Theft Defense Attorney – Defending You Against Charges

If you have been arrested for petty theft or grand larceny you need to contact a qualified theft defense attorney as soon as possible. In most states, theft is defined as the unlawful taking of another person's property. Depending on the value of that property, you can be charged with petty theft or grand larceny. The value amount for grand larceny varies state by state, but in California for example, if the amount is over $950 it is considered grand larceny. Shoplifting can even be considered grand larceny if the amount is over $400. This may seem like a high amount to be shoplifting, but one leather jacket can easily cost over $400.

There are several different ways you can be charged with theft including shoplifting, embezzlement and taking possession of another person's property under false pretenses.

Regardless of the type of theft you are charged with, the prosecution must prove two things to win their case. First, they must prove that you had the intent to deprive another person of the property. And secondly they must prove that you physically took possession of the property and carried it away. This can be as simple as moving it two inches. Without intent, there is no theft and you cannot be found guilty.

In this respect, your attorney will strive to show that you did not intend to steal anything. There are several foundations your attorney can lay in order to prove this claim, including showing that you had a claim of right to the property. In other words, your theft defense attorney will show good faith on your behalf that you were entitled to the property.

Your theft defense attorney can also build your defense by showing that you were given consent to withhold the property by the rightful owner. In order for this defense to be effective however, the consent must be for a specific purpose. In other words, if the rightful owner gave you $20 and you took $40 instead, you did not have consent.

If you're convicted of grand theft as a misdemeanor you could be sentenced to up to one year in a county jail. However, if you are convicted of grand theft larceny, this is a felony and you could be sentenced to 16 months or more in prison. With enhanced sentencing guidelines, the more valuable the property that was stolen is the more time the judge can add to your sentence.

Theft charges are very serious whether they are misdemeanor or felony charges, because either one can result in some serious jail time. This is why it's important to consult with a theft defense attorney as soon as possible and avoid spontaneously confessing or attempting to explain your actions to the police until you have consulted an attorney and fully understand your rights.