Theft is a broad term used to describe several types of crimes that involve taking away or controlling someone else’s property without their consent. Typically, the state prosecutes these criminal cases, and if found guilty, a defendant may receive punishment that includes fines, prison time, community service, or probation. There are also civil theft laws, which are a form of tort law that allow individuals to sue others or companies for wrongfully taking their property.
Whether or not an act is considered a crime depends on the value of the property that was taken and the intent of the thief. High-value items, like expensive jewelry or a luxury car, are usually classified as grand theft, while less costly goods are considered petty theft (or petit larceny). In order for an individual to be convicted of stealing, the state must prove that they took another person’s property without their consent and with the intent of permanently depriving them of it. However, in some instances, an intent to deprive the owner of their property temporarily is sufficient as well — for example, when someone steals a car and only intends to sell it or abandon it.
When it comes to defending against a charge of theft, a skilled New York City criminal defense attorney will look at the facts of each case to determine if there is evidence that could be used to reduce the charges or completely dismiss them. Common defenses include lack of intent, intoxication (which could render an individual incapable of forming intent), permission (the defendant had permission to take the property or thought they did), and entrapment (where an officer tricked the defendant into committing the crime). Depending on your situation, it is important to contact an experienced criminal attorney as soon as possible to begin gathering evidence and developing your strategy.