Common Defenses in Virginia Theft Defense Cases

Being accused of theft is a serious offense, and it carries significant penalties in Virginia. The state imposes severe punishments for theft crimes, including jail time, steep fines, and mandatory restitution. If you’re facing criminal charges, you’re entitled to mount a defense and prove your innocence. In this post, we will outline the common defenses that are available to Virginia residents who are facing charges related to theft. 


1. Lack of Intent: One of the most common defenses in a theft case is the lack of intent. If you took something accidentally or mistakenly, it doesn’t meet the criteria of theft as it was not your intention. Your attorney can present evidence demonstrating that you had no intention of stealing, and it was a mere misunderstanding.


2. Ownership Dispute: A second line of defense is disputing the ownership of property. If you’re accused of taking something that you believed belonged to you, then you can show proof of ownership. To win this defense, your attorney needs to demonstrate that you genuinely thought the item belonged to you and that you acted in good faith.


3. False Accusations: It’s common for people to cast blame on someone else to save themselves from trouble. False accusations are a common defense when it comes to theft charges. Especially in on-the-spot situations like retail settings where someone is quickly accused of shoplifting. If this is the case, your attorney will investigate the accuser to establish malice and reliability.


4. Duress or Coercion: A third defense strategy used in Virginia theft cases is based on duress or coercion. If someone forced or threatened you to take something without your consent, then you can show proof of coercion and reduce or dismiss charges.


5. Insufficient Evidence: Finally, if you believe that the state lacks sufficient evidence to convict you, or there were procedural errors during your arrest, your attorney can ask for a dismissal of your charges.


If you’re accused of theft in Virginia, you need a skilled criminal defense attorney to protect your rights and defend your case. The common defenses available in a theft case require a full understanding of the legal system and its evidence requirements. Our team of attorneys at [law firm name] has been providing trustworthy and reliable criminal defense services in Virginia for many years. If you’re facing theft charges, contact us to schedule a free consultation and understand your defense options.

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