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If you’ve been charged with a theft crime, you may be facing fines, jail time, or both. Theft crimes are serious offenses that can have lasting repercussions on your life. Understanding what the different theft crimes are can also help you understand your options for defending against them. If you have been charged, it is important you speak to a Phoenix theft defense attorney as soon as possible.
Larceny
Larceny is the trespassory taking and carrying away of the property of another person with the intent to permanently deprive that person of the property. If you did not know the property was someone else’s, or if you only intended to borrow and return the property, you may be able to defend against a larceny charge. Additionally, you may be able to defend against this charge if the property at issue was abandoned or if you believed it was abandoned.
Larceny by Trick
Larceny by trick is larceny accomplished by fraud or deceit that results in the conversion of the property of another. The fraud or deceit must be in regards to a material present fact, so you may be able to defend against this charge if the representation you made was about a future event or if it was your opinion. You can also defend against this charge if your accuser was not permanently deprived of the use of their property.
Forgery
Forgery is the making of a false writing with apparent legal significance and with the intent to defraud. If you did not make the document or writing but merely used it, you may be able to defend against this charge. Further, if you simply included false information in an otherwise genuine document you can defend against this charge.
Embezzlement
Embezzlement is the fraudulent conversion of the property of another by a person who is in lawful possession of the property. Conversion causes serious interference with the owner’s rights to the property, and examples include selling or damaging property. Embezzlement occurs only when the party charged is in lawful possession of the property, so you may be able to defend if you were not in lawful possession of the property.
False Pretenses
False pretenses involves obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact, where the representation is made with intent to defraud. Here, you may be able to defend if you did not acquire legal title to your accuser’s property, as well as if you did not know that the representation you made to them was false.
Robbery
Robbery is larceny from the presence of the victim by force or intimidation. You may be able to defend against this charge if you did not use force against them, as is the case with pickpocketing. Further, if you did not make an immediate serious threat of physical injury to the victim, you likely can defend against the charge of intimidation.
What Should You Do if You Are Accused of a Theft Crime in Phoenix?
If you have been accused of a theft crime, you should contact a Phoenix criminal defense lawyer immediately. We believe that you are innocent until proven guilty, and we will fight hard to preserve your freedom. Contact the Arizona Lawyers today to learn about your options.