Theft Defence Lawyers

Theft and stealing is the dishonest taking of another’s property without their consent with the intention of permanently depriving the owner of that property. Theft is commonly referred to in criminal law as stealing or larceny, however terms such as embezzlement and shoplifting are also used depending on the charge.

To prove a charge of theft or stealing, the prosecution must prove that the property belongs to someone other than the accused and that the property was taken and carried away without the consent of the owner of the property. Further, the prosecution must prove that the property was taken with the intention of permanently depriving the owner of it and that the property was taken dishonestly and without a claim of right made in good faith.

There are many different charges relating to theft and stealing offences in NSW and each charge contains different requirements to be proved by the police as well as different maximum penalties.

The law relating to theft and stealing offences can be complex with significant sentences being available to courts. It is therefore important to contact a theft lawyer in Sydney if you have been charged with or are suspected of having been involved in a theft or stealing offence.

What are some examples of theft offences?

Some examples of theft offences includes:

• – Larceny. This offence includes stealing as well as shoplifting.
• – Stealing specific items such as motor vehicles, animals, firearms as well as other items.
• – Embezzlement, larceny and stealing from an employer.

What are the penalties for theft offences?

The potential maximum penalties for theft offences depend on the specific charge of theft as well as their circumstances. For example, the maximum penalty faced by someone who steals items from a store can be liable for a sentence of up to five years in prison. A person charged with stealing a motor vehicle or stealing from their employer faces a maximum penalty of ten years in prison.

An expert theft defence lawyer can help you prepare your case for sentence if you have pleaded guilty or have been found guilty of a theft or stealing offence to identify and present a compelling case in mitigation of sentence on your behalf to obtain the best possible outcome for you in your case.

What are the potential defences for theft offences?

There are a number of factual matters to be proved beyond reasonable doubt in theft matters. The circumstances and potential evidence against an accused person need to be carefully examined to determine whether a theft charge is capable of being proven.

An example of a defence to an allegation of theft is where an accused person holds a genuine belief as to their right to the property or money belonging to another. This defence is called a ‘claim of right’.

Engaging an expert theft defence lawyer in Sydney is an important step to take to identify any potential defences to a theft charge and to develop strategies to maximise the success of your defence.