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When facing theft charges, it’s critical to understand that every case is unique, and several defense strategies may apply depending on the circumstances. At the Law Office of Mac Morris, our team provides comprehensive defense services for clients facing theft crimes throughout Plano, Collin County, Frisco, and McKinney.
Here are some common defenses that can be used to fight theft charges in Texas:
1. Lack of Intent to Steal
One of the most common defenses to a theft crime is the argument that the accused did not intend to steal. Theft requires intent; the defendant must have deliberately taken another person’s property without permission. If the defense can show that the defendant mistakenly believed the property was theirs or had permission to use it, this can be a strong argument for dismissal or reduced charges.
2. Claim of Right
In some cases, the defendant might believe that they had a rightful claim to the property. This is known as a "claim of right" defense. If the accused genuinely believed that they had ownership or a legal right to possess the property in question, they may not be found guilty of theft. This defense hinges on proving that the belief in ownership was reasonable and sincere.
3. Lack of Evidence
The prosecution bears the burden of proving the accused’s guilt beyond a reasonable doubt. If the evidence is circumstantial or weak, the defense may argue that the prosecution has failed to meet this standard. This could lead to the charges being dropped or a not-guilty verdict.
4. Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If it can be proven that the defendant was lured or pressured into committing theft by police or other authorities, entrapment may be a valid defense.
5. Duress or Coercion
In some cases, individuals commit theft because they are forced or threatened by someone else. This defense, known as "duress," can be used when the accused can show that they committed the crime to avoid imminent harm to themselves or others. For example, if someone threatens the defendant’s life unless they steal, the defense can argue that the theft was not voluntary.
6. Intoxication
While not always a successful defense, intoxication can be argued if the defendant was so impaired by drugs or alcohol that they were incapable of forming the intent to steal. This defense often leads to reduced charges rather than an acquittal, as the accused still committed the act but without criminal intent.
7. Consent
If the alleged victim consented to the defendant taking the property, then theft did not occur. The defense can argue that the property was willingly handed over or that the victim had previously agreed to allow the defendant to use or take the item.
8. Mistaken Identity
Theft crimes often occur in public places, and mistaken identity is a potential defense. If the defendant was not present at the scene or was misidentified by witnesses or security footage, this defense can be used to clear their name. Alibis and other evidence can help support this argument.
Protect Your Future with Aggressive Theft Crime Defense
At the Law Office of Mac Morris, we understand the serious nature of theft charges and the significant penalties that come with a conviction. Our experienced legal team is dedicated to exploring all available defenses to protect your rights and achieve the best possible outcome for your case.
If you’ve been charged with a theft crime, contact us today at (972) 846-8214 for a free consultation.