If you have been accused of theft, there are a lot of factors to consider. It is not always an 
open and shut situation like you might thing. There are rules of evidence and many things to consider. There are always two sides to a story, and even if the person accusing you seems to have concrete evidence, know that when you are talking with a police officer anything you say can be used against you. Below, you will find out more information on the possible defenses of theft, but if you would like to speak with an attorney now about your case, please call a law office.
What is theft?
It is important to know what someone is accusing you of when they accuse you of theft. Legally, theft occurs when one person takes another person’s property without their permission with the intent of permanently taking that property away and never giving it back. Thus, when someone accuses you of theft, the two elements they will need to have in their claim are:
•You took their property.
•You intended to permanently deprive them of that property.
It is also important to note that the intent behind the theft is incredibly important. So, if you were in a shoe store and grabbed a pair of shoes, hid them, and intended on walking out the store with them but a security officer caught you before you left, it is still considered theft because of your intent to leave the store with them.
Possible Theft Defenses
When someone accuses you of theft, there are several possible defenses.
1.You Were Intoxicated. If someone is accusing you of theft and you were intoxicated at the time that this theft occurred, you can build a successful defense stating that you had no intent to steal an item and permanently deprive that person of the item. It could also be argued that when you were intoxicated you thought that item was yours. It is possible that this opens up a case for public intoxication, but you can still use it as a valid defense.
2.You Thought the Item Was Yours. This defense is not as simple as stating “I thought it was mine.” However, if you can provide valid evidence that you believed the item was yours, this may be a reasonable defense. For example, if you were at a restaurant and took a coat that was identical to one of yours, you may be able to prove that you believed it was yours through a receipt for the coat and pictures of you wearing it, among other evidence.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.