Facing felony theft charges can be overwhelming, but understanding the potential defenses can help you navigate the situation. In Georgia, theft involves unlawfully taking property or money from someone with the intent to deprive them permanently of it.
If you are facing such charges, it’s important to know that there are several defenses available to challenge the allegations.
Lack of intent to steal
A common defense is that you did not intend to steal. In theft cases, intent is key. Prosecutors must prove that you took the property intentionally, planning to deprive the owner permanently. If you took something by mistake or without intending to steal, you can argue that the necessary intent wasn’t there.
Consent to take the property
You can also argue that the property owner gave you permission to take the item. If you can show that the owner allowed it, even if it wasn’t stated clearly, you can argue it wasn’t theft. There may be misunderstandings about consent, so having proof of it can strengthen your defense.
Mistake of fact
Mistake of fact is another defense. This happens when you genuinely believe you have the right to take the property, but your belief is wrong because you have incorrect information. For example, if you thought an item was abandoned or belonged to you, you may argue you made an honest mistake. However, this mistake must be reasonable to support your defense.
Lack of evidence
In any criminal case, the prosecution must prove you committed the crime. If the evidence against you is weak or circumstantial, you may argue there isn’t enough proof to convict. Weak physical evidence or unclear eyewitness testimony could help your defense.
Coercion or duress
If someone forced you to steal under threat of harm, you could argue duress. For example, if someone threatened you unless you stole something, you may not be acting willingly. Proving duress requires showing the threat and your lack of free will.
Understanding these defenses can help you build a case against felony theft charges.