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DAVID CLARK
Criminal Defense Attorney

Evidence in a Philadelphia Theft Defense

Depending on the severity of the charge, someone arrested for theft could be facing several years in prison and expensive fines. If you are facing theft charges, it may be in your best interest to contact an accomplished lawyer who has experience gathering evidence in a Philadelphia theft defense. A defense attorney could fight by your side to ensure that you have the representation you deserve. Call today to get started on your case.

Initial Steps for Building a Defense

Preparing a defense for a theft charge requires a full understanding of the allegation of theft. An attorney attempts to negate the elements of the crime. Given what the object or objects are, it is presumed it was taken, and saying that the person did so legally or at least thought they did so legally is the first step in a defense. Once that hurdle is overcome by the Commonwealth, the next step is to show beyond a reasonable doubt that a defendant did not actually take the item with the intent to permanently deprive the lawful owner of it, thus, attempting the second element of theft. In cases where elements cannot be reduced because of specific circumstances, looking for alternative disposition is the next option. A viable strategy a lawyer may use is attempting to have a felony reduced to a misdemeanor and then getting the misdemeanor charge of theft down to a diversionary program.

Mitigating Charges

The type of evidence in a Philadelphia theft defense is any sort of evidence that is going to negate some of the elements of a particular crime. In Pennsylvania, the government has the burden of proof that must show in theft cases that beyond a reasonable doubt, items were taken by a person from another individual who is the lawful owner, and the person who took the item or items intended to permanently deprive the lawful owner of the item. Attacking those elements in defending against them is essential. Any sort of mitigation that can be brought to light at the earliest possible stages can help in building any theft defense.

Experts Role in a Strong Defense

When dealing with theft offenses, the evidence in a Philadelphia theft defense is often used to rebut the elements of a particular crime. Experts can play a role when monetary bookkeeping and/or other financial institution theft has occurred. In many cases, experts can have a viable defense given the facts. In other cases, experts are not necessary. Negating elements involve the attempt to take down the government’s case when dealing with theft charges. In all scenarios, experts can play a role, if necessary, to reduce the amount or show that the individual charged with a specific kind of crime of theft did not intend to commit the crime. An expert can be utilized when honest mistakes are made. Should an expert be necessary for defending a theft case, having a knowledgeable Philadelphia theft crime attorney by a person’s side can help them go in the right direction.