It can be scary to be accused of theft or other property crimes because you could go to jail or get a big fine. However, being accused does not mean you are guilty. The criminal justice system allows for various defenses to challenge these charges, and the outcome of your case often hinges on the defense strategy employed.

Theft, which is also sometimes called theft, is when you take someone else’s property without their permission with the goal of taking it away forever. On the other hand, property crimes include more serious acts like burglary, theft, vandalism, and setting fires.

The seriousness of these charges depends on how much the stolen goods were worth, how the crime happened, and if the person has a criminal record. Theft and property crimes in Nevada can be charged as either misdemeanors or felonies, and the punishments can include jail time, fines, or paying back what you stole.

Common Defenses Against Theft and Property Crime Charges

The defense strategy in theft and property crime cases depends on the specifics of the case. Below are some of the most common defenses that have proven effective in court.

1. Lack of Intent

One of the core elements the prosecution must prove in a theft case is intent. To get you convicted, they have to show that you meant to keep the owner from having their land forever. If your defense attorney can demonstrate that you did not have the intent to steal or that your actions were a mistake, you may be able to avoid a conviction.

What Works: Proving lack of intent can be an effective defense, especially in cases where the accused believed they had a right to the property or where the act was unintentional (e.g., accidentally taking someone else’s property).

What Doesn’t: Simply claiming you didn’t mean to take the property without substantial evidence may not be persuasive. The defense must provide credible proof, such as witness testimony or documentation, to support the claim of lack of intent.

2. Mistaken Identity

Theft and property crimes often occur in situations where the real perpetrator is not clearly identifiable, such as in crowded places or poorly lit areas. If you were mistakenly identified as the person who committed the crime, this could serve as a strong defense.

What Works: Alibi evidence, video footage, or eyewitness testimony that places you somewhere else at the time of the crime can be highly effective in proving mistaken identity.

What Doesn’t: Relying solely on your word without corroborating evidence might not hold up in court. The defense must present compelling evidence that someone else committed the crime.

3. Consent

Another defense is arguing that the property owner gave you consent to take or use the property. Consent negates the element of unlawful taking, which is necessary for a theft conviction.

What Works: A written or verbal agreement from the property owner, supported by testimony or documentation, can be a strong defense. For example, if you borrowed a friend’s car with their permission and were later accused of stealing it, proving consent can exonerate you.

What Doesn’t: Claiming consent without any evidence to back it up may not be sufficient. The defense must demonstrate that the property owner voluntarily allowed you to take possession of the property.

4. Entrapment

When police officers trick someone into committing a crime they wouldn’t have otherwise, this is called entrapment. You might be able to use this as a defense if you can show that police officers or their agents forced you to steal or do something else illegal with property.

What Works: Documented evidence of coercion, such as recordings of conversations or text messages, can be powerful in proving entrapment. The defense must show that the idea to commit the crime originated with law enforcement and not with you.

What Doesn’t: Simply alleging entrapment without solid evidence is unlikely to be successful. Courts tend to scrutinize entrapment claims closely, so the defense must clearly demonstrate that the crime would not have occurred without the intervention of law enforcement.

5. Duress

Duress involves being forced to commit a crime under threat of harm. If you were compelled to commit theft or a property crime because you were threatened with violence or other severe consequences, you may be able to use duress as a defense.

What Works: Evidence of the threats made against you, such as witness testimony or documentation, can substantiate a duress defense. The defense must prove that you genuinely believed you were in imminent danger if you did not commit the crime.

What Doesn’t: Duress is generally not accepted as a defense if you had the opportunity to escape or avoid committing the crime. For your case to work, it must show that you had no choice but to do what was asked of you.

What Doesn’t Work as a Defense

While the above defenses can be effective, certain strategies are less likely to succeed in court. These include:

• Ignorance of the Law: Claiming that you didn’t know theft or property crimes were illegal is not a valid defense. The law assumes that individuals are aware of basic legal principles.
• Intoxication: Voluntary intoxication is generally not a defense to theft or property crimes. Courts usually hold individuals accountable for actions taken while under the influence of drugs or alcohol.
• Blaming Others Without Evidence: Simply pointing fingers at others without credible evidence is unlikely to convince a judge or jury. The defense must provide concrete proof to support any claims of mistaken identity or coercion.

Conclusion

It can be scary to be charged with theft or a property crime, but knowing your possible defenses can make a big difference in how your case turns out. A good defense plan can help protect your rights and might even get the charges dropped or lowered. This is true whether you’re trying to show that you didn’t mean to do something wrong, that you were mistaken for someone else, or that you were forced to do something.

If you are accused of theft or other property crimes, you need to get help from a skilled criminal defense lawyer right away. The Gallo Law Office has a history of successfully defending clients against theft and property crime charges. They do this by using effective methods that are tailored to the specifics of each case. You can get through the complicated legal system and work toward a good outcome if you have the right legal help.