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Louisiana Criminal Defense Lawyer > Blog > Theft Crime > Six Common Defenses In Theft Cases

Six Common Defenses In Theft Cases

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Theft is a very common criminal charge in Ouachita Parish. If you have been accused of theft, you have likely already wondered if there is a way to beat your charges. Fortunately, there are several defenses available in theft crime cases. Below, our Ouachita Parish theft crime lawyer outlines six of the most common.

Rightful Ownership

Claiming that you are the rightful owner of the property in question seems like the most basic defense to a theft charge, but this defense can become complicated. For example, you will have to show proof that you own the property, which may include receipts or pictures of you with the item. If the prosecution presents evidence that contradicts yours, the defense will also become more complicated.

Lack of Intent

The defense of lack of intent is most commonly used when a person is charged with petty or grand theft and they have a previous conviction on their record. The concept behind this defense is that even if you did actually commit the crime, you did not have the intent to steal it, which is a requirement for theft crimes.

Entrapment

Entrapment is a very misunderstood legal defense. It is true that to use entrapment, you must show that a law enforcement officer encouraged or coerced you to commit a crime, such as theft. However, you must also prove that you would not have otherwise committed the crime had the officer not intervened. The defense of entrapment is very difficult to prove and typically requires the help of an Ouachita Parish theft crime lawyer.

False Allegations

Unfortunately, people sometimes accuse other people of a crime either mistakenly, or because they want the accused to wrongfully face charges or be convicted. When someone is intentionally falsely accused, it is usually a case of domestic violence and the accuser is hoping the charges against the other party will help them during their family law case.

Incorrect Valuation

In Louisiana, a person will face either petty theft or grand theft charges, depending on the amount of the allegedly stolen property. If the property was not accurately valued at the time you were charged, it could result in your charges being dropped or reduced.

Lack of Presence

In theft cases, the prosecution must generally show that you were at the scene of the crime, and they must have evidence to prove it. If you can prove that you were not at the scene by presenting an alibi that will support your argument, it can serve as a very strong defense in your case.

Our Theft Crime Lawyer in Ouachita Parish Can Prepare Your Defense

There are several defenses available in theft cases, but arguing them successfully is not easy. At Whiddon Criminal Defense, our Ouachita Parish theft crime lawyer has the necessary experience to prepare a winning defense to these charges so you have the best chance of retaining your freedom. Call us now at 318-387-2776 or connect with us online to schedule a free consultation with our skilled attorney and to learn more about your legal options.

Source:

legis.la.gov/Legis/Law.aspx?d=78605

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