Fredericksburg County Theft Lawyer

Theft or larceny are common criminal charges. The nature of the charge depends on the value of the property, and whether the person accused had the property when they were charged. Sometimes it isn’t even necessary if you knew the property was stolen when you were arrested.

Property crimes may be prosecuted as misdemeanors or felonies and the difference can hinge on whether you are represented by an experienced Fredericksburg County theft lawyer. Having legal representation from a dedicated criminal defense attorney is critical in protecting your rights and getting the best outcome in your case.

What Are Defenses for Theft Charges?

Theft, or larceny, is the taking of the property of another with the intent to permanently deprive them of it. Theft does not require force (robbery) or deception (fraud), although those are sub-types of theft crimes.

To defend someone against a theft charge, an attorney will challenge each of the elements of theft. The prosecution must prove all elements of theft to establish their case, so if any one of them is missing, they cannot prove the crime. For example, in a shoplifting case, the prosecution must show that the defendant:

• Took the store’s property, or took steps to do so
• Did it intentionally and wrongfully
• Did it without permission
• Left without attempting to pay for the merchandise

An attorney can challenge whether the merchandise was the store’s, whether the employees witnessed the defendant remove it or conceal it, and whether they left and made no effort to pay for the property.

In cases where the defendant’s intent is unclear or where the item was not removed from the property, there is room for reasonable doubt and a possible Not Guilty verdict.

How a Fredericksburg County Attorney Can Help Your Theft Case

Since larceny cases are very fact-dependent, prosecutors often offer plea bargains or add “lesser included” offenses. These are related but less-serious crimes that a jury may be able to convict on. For instance, in a robbery case, burglary and attempted robbery are “lesser included” charges.

Your attorney will explain these lesser theft charges, and any plea bargains that the prosecutor offers. Sometimes a plea bargain is in your best interests, but not always. Wewill also review the evidence in the case to see what the likelihood is of succeeding at trial.

Evidence and Fifth Amendment Rights

Many people have the wrong impression about Miranda rights and what constitutes evidence. Not everything you say before you were read your Miranda rights is automatically excluded from a trial. Having evidence excluded requires understanding Virginia’s laws and the Fourth Amendment exclusionary rule.

Our Fredericksburg County theft attorneys are well-versed in these legal concepts and will do everything we can to create reasonable doubt in your case, exclude questionable evidence, and get the best outcome possible.

Contact a Fredericksburg County Theft Attorney for Assistance

Having a good criminal defense attorney is essential when you are charged with steal someone else’s property. The charges depend on interpretation of the evidence and intent, so a Fredericksburg County theft lawyer has room to maneuver in creating reasonable doubt and attacking the prosecution’s case.

When you are facing theft charges and need someone in your corner, call the legal team at Price Benowitz. We will give you a free case evaluation and our best legal advice on how to proceed. You may be facing serious penalties and need legal assistance immediately, so call us right away for help with your case.