Key Defenses for Theft Charges in Criminal Court

Facing theft charges can feel overwhelming and isolating. You might be worried about your future, your reputation, and the potential penalties you could face. Being accused of taking something that isn’t yours can affect more than just your legal record—it can impact your career, relationships, and peace of mind. 

As an experienced Boulder, CO theft defense lawyer, I understand how stressful this process can be, and I’m committed to walking with you through every step.

Taking action early can make a meaningful difference in your defense. If you're facing charges, I encourage you to reach out to my criminal defense firm in Boulder, Colorado, to discuss your case confidentially.

Claiming Lack of Intent

One of the most common defenses in theft cases is showing that you didn’t intend to steal. Colorado law requires intent to unlawfully take property for a theft conviction. Without clear evidence of intent, prosecutors may struggle to meet their burden of proof.

I carefully examine the circumstances surrounding the alleged incident to determine if the act could have been a mistake. For example, someone may take property believing it is theirs or accidentally leave with an item that belongs to someone else. 

These situations often require a detailed review of your statements, the alleged victim’s account, and any supporting evidence. Demonstrating a lack of intent can be a powerful defense when the facts support it.

Intent can also be challenged by showing your actions were misunderstood or mischaracterized. In theft cases, even small details can change the interpretation of an act. By addressing these nuances early, I can help create a thorough criminal defense strategy that protects your rights.

Arguing Mistaken Identity

Mistaken identity is another defense I often explore. Eyewitness misidentification is a well-documented cause of wrongful accusations, and it can occur even when the witness is sincere.

I work to gather evidence that supports your presence elsewhere during the alleged incident. Surveillance footage, witness statements, and other records can provide clear proof that you were not involved. 

I also review any police reports for inconsistencies in the identification process. By carefully evaluating the evidence, I can present a criminal defense that challenges the prosecution’s claims and highlights the possibility of error.

Mistaken identity cases often require close attention to detail. I make sure that every piece of evidence is analyzed and cross-checked. Doing so helps protect clients against wrongful charges and makes sure that their side of the story is properly presented in court.

Proving Consent

Consent can be a valid defense when the property owner allowed you to take the item in question. This might include verbal permission or circumstances where the owner implied consent through their actions.

I review communications, agreements, and any context that suggests permission was granted. Even a misunderstanding about ownership can be resolved by showing consent was present. Establishing consent can clarify situations that may appear to be theft but are not criminal acts under Colorado law.

Consent cases can also involve more subtle evidence, such as text messages, emails, or witness testimony. Presenting these details accurately in court is an important part of providing effective criminal defense for clients facing theft charges.

Challenging the Evidence

The prosecution must prove every element of theft beyond a reasonable doubt. Sometimes, evidence may be flawed, incomplete, or obtained improperly.

I scrutinize all reports, physical evidence, and witness accounts to identify weaknesses. I may also file motions to exclude evidence that violates procedural rules. This could include items seized without a proper warrant or statements taken without appropriate advisement of rights. 

Challenging the evidence is a crucial part of defending against theft charges and can reduce the strength of the prosecution’s case.

In many cases, even a minor inconsistency or gap in evidence can shift how the court views the allegations. By examining every detail carefully, I can build a criminal defense strategy that addresses these weaknesses directly.

Arguing Duress or Coercion

In some situations, a person may commit an act under threat of immediate harm. Colorado law recognizes duress as a defense when an individual acts under coercion.

I evaluate whether your actions were truly forced and document any threats or pressures you faced. For example, someone may take property because another person threatens them or their family. Presenting this information accurately can demonstrate that your actions were not voluntary and may provide a legitimate defense against theft charges.

Duress claims require careful documentation and credibility. I make sure that any evidence supporting this defense is gathered and clearly presented in court. This can include witness statements, written communications, or other proof that the threat existed.

Using Necessity as a Defense

In rare cases, someone may take property to prevent a greater harm. This could include taking something in an emergency to protect life, safety, or critical property.

I examine the timing, context, and circumstances of the alleged theft to determine if necessity applies. If the defense is appropriate, it can help explain why an action occurred without criminal intent. While not common, this defense is recognized in Colorado and can be crucial for clients facing theft charges in urgent situations.

Using necessity requires careful framing in court. I make sure that all relevant facts are clearly laid out so that the judge or jury can understand the reasons behind the action. This defense demonstrates that the decision to act was based on immediate need rather than a desire to commit a crime.

Questioning the Value of the Property

The value of the property taken often determines whether theft charges are classified as petty theft or felony theft. Misclassifying value can significantly affect the severity of charges.

I review receipts, appraisals, and other documentation to confirm the property’s actual worth. For example, an item claimed to be high-value may be shown to be worth far less. Adjusting the classification of the alleged theft can influence the legal process and the potential consequences.

Challenging property value requires detailed research and documentation. I collect all necessary evidence to make sure that the reported value is accurate and supported by facts. This approach helps strengthen a criminal defense strategy and may affect the outcome of the case.

Presenting Alibi Evidence

An alibi is a straightforward yet powerful defense. Showing that you were somewhere else when the alleged theft occurred directly contradicts the prosecution’s claim.

I gather witness statements, electronic records, or other documentation to establish your whereabouts. A credible alibi can significantly impact the credibility of the accusations. Presenting clear and verifiable alibi evidence is a key component of many criminal defense strategies in theft cases.

Alibi evidence requires careful preparation. I make sure all supporting details are collected, organized, and ready to present in court. This can help demonstrate that the charges may be based on mistaken assumptions rather than factual evidence.

Procedural Defenses

Errors in law enforcement procedures can sometimes be used as a defense. Procedural defenses focus on mistakes or violations during the arrest or investigation process rather than the act itself.

I review arrest procedures, search warrants, and chain-of-custody records. If any rules were violated or the documentation is inconsistent, these issues can become part of your criminal defense strategy. Highlighting procedural errors can weaken the prosecution’s case and emphasize the importance of due process.

Steps I Take For My Clients

When defending someone against theft charges, I take several important actions to provide a strong criminal defense:

• Reviewing evidence: I carefully examine police reports, surveillance, witness statements, and physical evidence.

• Interviewing witnesses: I speak with witnesses who can provide details that support your account.

• Building a defense strategy: I create a plan based on the facts, the law, and your unique situation.

These steps allow me to give focused, effective criminal defense for clients in Boulder, Colorado, helping protect their rights throughout the process.

Protect Your Rights With Criminal Defense

Facing theft charges can be stressful, but taking prompt action is crucial. I guide clients in Boulder, Colorado, through the process of defending their rights. I review evidence, discuss your options, and help you understand how each defense could apply to your case. 

At Watkins Law Firm LLC, I handle criminal defense cases with careful attention and focus on protecting clients’ interests. You don’t have to face these charges alone. Contact my firm in Boulder, Colorado, to discuss your case and begin building a strategy tailored to your situation.