Facing theft charges can be daunting and a conviction can result in significant and life-altering consequences. However, defendants have the right to defend themselves against their charges by building a case and providing evidence to support their defensive strategy. There are several possible defenses that can be used against theft charges. To learn more and secure skilled representation, reach out to an experienced Dallas County theft crime lawyer today.
What is Theft?
There are many definitions related to theft under Iowa state law §714.1. In general, theft is the criminal offense of taking property that does not belong to you with the intent to deprive the owner of the property.
Theft can be charged as the following based on the value of the property stolen.
- $300 or less: Fifth-degree simple misdemeanor
- $301 to $750: Fourth-degree serious misdemeanor
- $751 to $1,500: Third-degree aggravated misdemeanor
- $1,501 to $10,000: Second-degree class D felony
- $10,001 or greater: First-degree class C felony
Additional circumstances can influence the level of offense with which you are charged, but the above values are generally accurate.
What Are Some Possible Defenses Against Theft Charges in IA?
If you are facing theft charges, consider implementing one or more of the following defensive strategies.
- Lack of intent: One of the main elements of a theft charge is your intent to deprive the owner of the property. If you did not intend to steal or deprive someone of their property, especially permanently, it could be a valid defense.
- Mistake of fact: A mistake of fact occurs when there is a misunderstanding and you act based on a misconception of the situation. If you mistakenly believed that you had the right to take the property, like you mistook it as yours or believed no one had a claim over it, you could argue that you did not commit theft.
- Mistaken identity: You may have been incorrectly identified as the perpetrator but be innocent. If you can offer evidence to establish that you are innocent like an alibi or some other information, it can be an effective defense.
- Duress: If you committed the theft because you were forced or coerced under threat of violence, you may be able to use duress as a defense. The threat must have been real and serious and you must have had reason to believe committing theft was your only option.
- Entrapment: Entrapment can be used as an effective defense if a law enforcement agent persuaded you to commit a crime that you otherwise would not have. If you were encouraged by a police officer or undercover agent but would not have done so otherwise, you can use this fact as a defense.
- Consent: You may be able to argue that you had permission from the property owner to take the property. For example, if you borrowed an item but the property owner later claimed that you stole it, you could provide evidence that you had consent to take the property.
It is imperative that you fully understand your legal rights and options when facing theft charges in Iowa. Reach out to a skilled defense attorney for more information today.
