Several legal defenses can be used in theft cases. The strategies employed in your defense will be tailored to the unique circumstances of your case. If you are facing theft charges in New York, it’s in your best interest to connect with our Nassau County Criminal Defense Attorneys for guidance and skilled representation.
What is Theft?
First, it’s important to understand that this encompasses a wide range of offenses that involve the unlawful taking of another party’s or entity’s property to permanently deprive them of it. Some of the most common theft crimes include shoplifting, identity theft, grand theft auto, robbery, and embezzlement.
When defending against theft charges, it’s crucial to enlist the help of a seasoned Nassau County criminal defense attorney who can examine the unique circumstances of your case and determine which strategies should be employed. These circumstances typically include the value of the property allegedly stolen, whether violence or weapons were involved, and the defendant’s prior criminal record.
What Are the Most Common Defenses Against Theft Charges in New York?
If you have been falsely accused of stealing property in New York, a skilled criminal defense attorney will investigate the circumstances, gather evidence to prove your innocence and challenge the credibility of the accuser and any witnesses. If you are not the culprit of the crime, you could raise the defense of mistaken identity. You may have been wrongfully identified based on incorrect witness testimony or questionable security footage. If you can present a sold albi, this could be a strong defense.
In some cases, you may have a valid defense rooted in the mistake of fact. This is applicable if you can prove that you believed the property was yours or that you had a valid claim to the property. However, you will need to provide sufficient evidence to support this claim.
Another defense your attorney can present is lack of intent. You may have taken property without realizing it belonged to someone else, or you may have believed you had permission. To be convicted of theft, the prosecution must demonstrate you intended to permanently deprive the owner of their property. If the defense can show that you didn’t have this intent, this may be a viable defense. If the owner of the property consented to you taking the property, it could help defend against your charges.
Furthermore, if you committed the theft crime because you were under duress or coercion, your attorney could use this defense to shield you from an uncertain future. If a law enforcement officer used deceptive tactics to induce you to commit the crime, you may have a defense. Your attorney can raise entrapment if you believe your right to due process has been violated.
Should I Consult an Attorney?
At KCS Law, we are prepared to carefully analyze the circumstances surrounding the alleged theft and gather evidence to build a strong defense. If you are facing theft charges in New York, it’s in your best interest to enlist the help of a seasoned Nassau County criminal defense attorney who will ensure that your rights are protected throughout the legal process. Connect with our firm today to discuss your case and learn how we can fight for you.
