Top 5 Things You Must Know When Facing Theft Charges

If you live in a society where there is property, there will be a greater likelihood of people stealing from one another. Sometimes, the theft may be related to poverty or desperation. Other times, it may merely be because that person wants what someone else has. Whatever the circumstances are, if charges were brought against you for theft, then this article might help you get off light and get out of the situation with as little damage as possible.

PRO TIP: Before you proceed, find out the different kinds of theft charges and how a lawyer can help. 

Top 5 Things You Must Know When Facing Theft Charges

• Be prepared to show what your intent was when taking something

This may seem obvious, but people have often been accused of theft when they had no ill intention of ever depriving anyone else of their property. Conversely, sometimes people think stealing a few things won't matter so much if they don't think they'll get caught. Whatever the case may be, as soon as you find out you are being accused of theft it is time to start preparing your defense to try and convince the court that there were no criminal or fraudulent intentions on your part when taking the item/s in question.

• Theft is not limited to physical objects

Did someone let you borrow their cell phone? Did a friend ask you to watch their pet while they're away? Did a neighbor need some food for their family because they had lost all of theirs during a natural disaster? If any of these or similar scenarios led to an allegation of theft, then you might want to talk to someone about this right away. These things can fall under the category of theft and if you do not carefully consider your legal options, this could lead to some big problems.

• The value of what was allegedly stolen matters

The last thing anyone wants is for a burglary or robbery charge to be added on top of a larceny charge because it will tend to make things look worse for both you and your case. On the other hand, the fact that someone who’s supposedly worth $500 million doesn't matter when they go on trial for taking something that only costs $5. Even though it seems like stealing $4.95 is exponentially less serious than stealing $5 million, there isn't much of a difference regarding sentencing guidelines. Please note that this can vary from state to state and judge to judge, so talk to your attorney about what you should expect for sentencing especially if the items were valued high enough to warrant any kind of prison sentence.

• Remorse and restitution can help decrease penalties

It doesn't have to be sorry you took it, kind of remorse because that might not mean much depending on how it is presented in court. It could simply mean that you are sorry the person feels like their stuff was stolen even though they can afford it. Whatever was taken from them or it could be an admission that you regret your actions leading up to being accused of theft but will do everything within reason to rectify the situation after appearing before a judge. Similarly, restitution involves replacing whatever was allegedly stolen with its original value or something close to it. This can help your attorney negotiate a better plea deal with the prosecutor because it shows that you are willing to do what is right even if the damage cannot be corrected.

• The accuser's background matters too

Sometimes, the person accusing you of theft may have stolen themselves. From their previous spouse during a divorce hearing or from someone else in their family who they felt wronged them. It doesn't matter how long ago this was, but if they feel like you stole from them too, they might try to even the score by getting back at you by taking legal action against you. Talk to your attorney about what options are available depending on whether or not the accuser has any priors that can be presented in court.

PRO TIP: When you’re facing any theft charges you need to know the winning defenses. Read on to learn more about the 10 defenses that you can use when facing theft charges in this post.