Theft, which is known as “larceny” in Connecticut, covers a range of activities that involve taking another person’s property without permission with the intent to permanently deprive them of it. Theft crimes include everything from stealing an inexpensive item from a store (shoplifting) to complex financial crimes like fraud, embezzlement, or money laundering.
In New Hampshire, larceny can be charged as a misdemeanor or a felony, primarily depending on the value of the stolen property. Penalties range from a $500 fine for misdemeanor larceny to 20 years in prison and a $20,000 fine for larceny in the first degree.
A successful defense against larceny charges requires assistance from a skilled and tenacious defense attorney. The Lebedevitch Law Firm, LLC, represents people accused of larceny and other crimes in Fairfield and New Haven Counties and throughout Connecticut. Contact our law office today to schedule a confidential appointment to discuss your situation.
To convict a person of theft, the prosecutor must prove every element of the crime, beyond a reasonable doubt. Here are the most common theft defenses.
Lack of intent is one of the most common theft defenses to larceny charges. To convict a person of larceny, the prosecution must prove the defendant intended to steal the item in question. If the defendant can show they did not intend to steal the item, such as if the owner gave them permission to borrow it or they took the item but intended to return it, the prosecution cannot meet its burden. Mistake or a misunderstanding about ownership can be a powerful defense against larceny charges.
A claim of ownership applies when the defendant has a good faith belief they are the rightful owner of the item in question. To succeed, the defendant must have honestly believed they owned the item, even if that is later proved incorrect.
A person cannot be convicted of theft if the property owner granted them permission to use it. Consent must be freely given and cannot be coerced, so showing the owner agreed to the defendant’s actions is important.
Larceny charges may arise due to mistaken identity, where the property owner accuses the wrong person of theft. This defense can be particularly compelling in cases that hinge on eyewitness testimony. A skilled defense attorney can challenge the witness’s credibility or the methods police used to identify the defendant.
The severity of a larceny charge depends on the value of the item allegedly stolen. Challenging the value of the stolen item can lead to less severe charges.
A defendant might avoid theft charges by returning the stolen property before being charged with theft. But, if you have already been charged with larceny, do not return the property until you have discussed doing so with your lawyer.
A defendant always has the defenses of insufficient evidence and constitutional violations as potential defenses.
The prosecution cannot secure a conviction if they do not meet their burden of proof beyond a reasonable doubt. A skilled defense attorney will carefully scrutinize and challenge the sufficiency and reliability of the prosecutor’s evidence.
A defendant can also raise constitutional defenses, including violations of a defendant’s right to remain silent, right to an attorney, or Miranda rights, or if the police illegally obtained evidence.
A theft conviction can have negative consequences that can last a lifetime. In addition to fines and potential jail time, having a theft conviction on your criminal record could result in the loss of employment opportunities and, in some cases, restrictions on some of your civil rights.
If you are facing theft charges, the importance of hiring experienced defense counsel cannot be overstated. Defense attorney Stephen Lebedevitch will work to develop a compelling strategy to protect your rights and defend you against theft charges. He will vigorously challenge the prosecution’s evidence while simultaneously working to negotiate a fair plea bargain that could reduce the severity of the punishment you could face.
Based in Fairfield, The Lebedevitch Law Firm defends people accused of crimes throughout Connecticut. Contact our law office today to schedule a free and confidential consultation to discuss your case.
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