Building a Defense for Stamford Theft Charges
In order to identify all possible defenses it first needs to be determined if the individual is being falsely accused and if the charge is a misunderstanding as to how the defendant obtained the property.
Never obtaining the property is different from obtaining the property for a rightful reason or if they were allowed to have that property at that time.
When preparing a defense, it is important for a distinguished criminal lawyer to understand the defendant’s version of events and what they believe happened with respect to the property.
Planning the Defense’s Case
An attorney will look for evidence to support what the client is saying about the rightful reason they believe they were entitled to possess the property.
The defense’s focus can be more on finding a hole in the proofs of the State and any other problems they have proving their case. The attorney will be focused on how to mitigate the potential sentence that is going to be imposed and how to get that property back in the hands of the rightful owner. This may mean having the defendant pay the victim for the value of the property that was taken.
The earlier that can be accomplished, the more likely the defendant is to receive a lenient sentence. A lawyer may be more focused on a plea deal and obtaining restitution rather than defending the accusations in terms of trying to get the defendant deemed not guilty, depending on the circumstances.
Questioning the Taking of the Item
Before presenting other defenses, lawyers can try disputing the possibility that this crime happened. If it seems like the property has been taken, the next angle that the defense attorney will want to look at is whether there was a reason for taking the property.
It may be necessary to address any underlying issues that might have led to the theft or larceny. Such as any kind of drug addictions or any other substance abuse that might lead to the person acting in the way they did.
Questioning the circumstances is essential when building a defense for Stamford theft charges. This process can help mitigate the punishment and help convince the court that this person is a better candidate for rehabilitation as opposed to punishment.
Valuation of Property
An attorney can look at the value of the property and its impact on the type and degree of larceny the charge would be if there is not a good defense already prepared.
Property, like money, has an easy valuation. The value of an object cannot always be determined as easily. It becomes important, because that will affect the way that the crime is charged and what degree the crime is charged.
Role of a Potential Client
If the defendant states that they did take the property, the attorney has to use a different approach in their defense. If the defendant states they did not do it while building a defense for Stamford theft charges, the attorney will investigate and gather more information to support what the defendant is saying.
The attorney will be looking for information that will place the defendant at another location, prove a lack of opportunity to commit the larceny or find out what happened with the stolen property.
Convicting a Theft Offense
The State would need to prove that the defendant obtained the property that they were not authorized to obtain, and did so with the intention of depriving the owner of that property.
It is not enough to show that the property ended up in the hands of the defendant, but they need to show that when it ended up in the hands of the defendant, it was done for the purpose and with the intention of taking it from another person.