When accused of a crime, a solid defense is critical to maintaining innocence and obtaining the most favorable outcome possible. Cases of theft may employ different strategies. A Theft Defense Lawyer in South Bay CA will discuss the details and circumstances of their client’s case and situation to determine the right approach. Below are some common tactics lawyers use to assist their clients.
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, it was theirs to do what they pleased. If a person can establish they had a good faith belief the property they took was theirs or that they had a valid claim to it, they may have a valid defense. There must be evidence to support the claim.
Case of Entrapment
In an entrapment strategy, the criminal defense attorney is arguing to prove someone else forced the defendant to steal the property in question. In order for this defense to work, there has to be compelling evidence showing the defendant was pressured from the other party to commit the crime. In most situations, they can show they faced imminent danger had they not stolen the item.
Intoxication
An intoxication defense is just what it says. The argument is that the accused was under the influence of drugs or alcohol and not culpable for their actions. When this argument is used, the defendant will usually indicate they took the property by mistake and the condition they were in caused their judgment to be clouded. In these situations, the defense often has a history of alcohol and drug abuse that can be verified.
Intent to Return
In this situation, a criminal defense attorney will argue to prove the accused was borrowing the item with the full intent to return it. A lawyer who uses this approach shows their client had no intent to steal the item and honestly forgot to give it back. If there is no motive to steal, it can’t be called theft.
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