Facing theft charges in Chandler means that your future—and your freedom—are on the line. However, it is important to know that this is not a journey that you need to embark upon on your own. At the Law Office of James E. Novak, our Chandler theft crimes lawyer is dedicated to defending your rights and helping you beat the charges against you.
When it comes to theft crimes, there are several defenses that can be used to challenge the prosecution’s case. Read on to learn more about the best Chandler theft defenses, when they apply, and how we use them to secure the result you’re looking for.
Lack of IntentA key element in theft charges is the intent to permanently deprive the owner of their property. If you did not have the intent to steal, you may have a strong defense. For example, if you borrowed an item and forgot to return it, this can be argued as a lack of intent to steal. Similarly, if you mistakenly believed you had permission to take the item, your lack of intent to commit theft can be a valid defense.
As an example, imagine you borrowed a tool from a neighbor but forgot to return it, and later, the neighbor reported it stolen. By demonstrating that you intended to return the tool and had no intention of permanently depriving your neighbor of it, your attorney can argue that you lacked the intent necessary for a theft conviction. This defense can lead to a reduction or dismissal of the charges.
Claim of Right or OwnershipIf you genuinely believed that the property in question belonged to you or that you had a legitimate claim to it, you might have a valid defense against Chandler theft charges. This defense focuses on your honest belief that you had a right to the property, even if that belief was mistaken.
For example, suppose you took a bicycle from a public bike rack, believing it was the one you had previously left there. If it turns out that you mistakenly took someone else’s bike, your honest belief that you owned the bicycle can be used as a defense. By showing that you acted under a claim of right, your attorney can argue that you did not commit theft, which could lead to the charges being dropped or a “not guilty” at trial.
EntrapmentEntrapment occurs when law enforcement officers induce someone to commit a crime that they would not have otherwise committed. If you were coerced or persuaded by police officers to engage in theft, you might have a strong defense based on entrapment. However, entrapment defenses are rarely used because law enforcement typically knows better than to engage in entrapment.
To illustrate, consider a scenario where an undercover officer repeatedly pressures you to steal something for them despite your initial reluctance. If you finally agree due to their persistent urging, your attorney can argue that you were entrapped. Demonstrating that you would not have committed the theft without the officer's influence can result in the charges being dismissed.
Mistaken Identity or MisidentificationIn some cases, theft charges arise due to mistaken identity. If you were wrongly identified as the person who committed the theft, proving your innocence can be a powerful defense. This defense often relies on providing alibis, witness testimonies, or surveillance footage that proves you were not involved in the crime. This defense is particularly compelling in situations where no one was observed taking the property, but you were arrested in possession of the property.
As an example, imagine you were accused of shoplifting at a store because you matched the description of the actual thief, who was caught on video. By providing evidence such as receipts, witness statements, or video footage showing you were elsewhere at the time of the theft, your attorney can build a case for mistaken identity. Successfully proving mistaken identity can lead to the charges being dropped and your name being cleared.
Speak With a Dedicated Theft Crimes Defense Lawyer in Chandler About Your Case TodayAt the Law Office of James E. Novak, we are committed to providing a strong defense tailored to your unique situation. Our extensive experience in criminal defense and deep understanding of Arizona theft laws gives us the ability to effectively challenge the prosecution's case and protect your rights. Our Chandler theft crimes lawyer will thoroughly investigate your case, gather evidence, and work with you to develop the most compelling defense strategy possible. Whether it’s negotiating a reduction or dismissal of charges or vigorously defending you in court, we are here to fight for your rights—and your future.
If you or a loved one is facing theft charges in Chandler, don’t wait to seek legal help. Contact the Law Office of James E. Novak today for a consultation, and let us help you build a strong defense. To learn more and to schedule your free consultation today, call 480-413-1499. You can also connect with us through our secure online contact form.