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Theft crimes, ranging from petty theft to grand larceny, are taken seriously in Tennessee and can carry severe penalties. If you’ve been accused of theft, it’s important to understand that several defenses can be used to fight the charges.
At Meade Law Group, we help clients in Johnson City, Kingsport, and across upper east Tennessee build strong defenses to protect their rights and reputation. Here are some common defenses to theft crimes.
1. Lack of Intent
One of the most common defenses to theft charges is lack of intent. Theft crimes typically require that the person accused had the intention to deprive the owner of their property permanently. If you can show that you did not intend to steal the property—for example, if you believed you had permission to use or borrow the item—this can be a strong defense. Mistaken belief or misunderstanding about ownership can lead to the charges being dismissed or reduced.
2. Claim of Ownership
A claim of ownership defense applies when the accused believes, in good faith, that the property belonged to them or that they had a right to possess it. This defense hinges on the defendant’s honest belief that they were entitled to the property, even if that belief was later proven to be incorrect. If you genuinely believed you had a legal right to the property, this defense could protect you from theft charges.
3. Consent
If the owner of the property consented to your taking or using the property, you may be able to use consent as a defense to theft charges. Consent must be freely given and not coerced, and it’s important that you can demonstrate that the property owner agreed to your actions. This defense often comes into play in cases involving misunderstandings between friends, family members, or acquaintances.
4. Entrapment
Entrapment occurs when law enforcement officers induce or coerce someone into committing a crime they would not have otherwise committed. If you can show that police officers lured you into committing theft when you had no prior intent to do so, entrapment may be a viable defense. However, it’s important to note that this defense is only valid if the idea to commit the crime originated with law enforcement, not with the defendant.
5. Mistaken Identity
Theft charges are sometimes the result of mistaken identity, particularly in cases where eyewitness testimony is involved. If you have been falsely identified as the perpetrator of a theft, an attorney can challenge the credibility of the witnesses or the methods used to identify you. Surveillance footage, alibis, and other evidence can be used to show that you were not the person responsible for the crime.
6. Duress or Coercion
If you committed the theft under duress or coercion—meaning you were forced to do so due to threats of harm or violence—you may be able to use this as a defense. For this defense to apply, you must show that you were under an immediate and credible threat that forced you to commit the crime against your will.
Protect Your Rights with an Experienced Defense Attorney
If you’re facing theft charges in Tennessee, it’s crucial to have an experienced defense attorney on your side. At Meade Law Group, we understand the seriousness of theft crimes and will work tirelessly to build a defense tailored to your case. Our team will examine the evidence, challenge the prosecution's claims, and fight for the best possible outcome.
Call us today at (423) 464-7779 to learn more.
