Building a Hampton Roads Theft Defense 

There are a number of different strategies that go into building a Hampton Roads theft defense. If the person is trying to get an acquittal to beat the case, one strategy is to show that the individual is not the person that took the item or that it cannot be proven that they took it. Another strategy is to show that they had permission to take the item, which is another critical element.

Mitigation strategies are often employed because the prosecution is able to establish that the person committed the crime and they can prove all the elements. Possible mitigation outcomes include community service or having restitution ready so that the person can show the good faith that they recognize that they made a mistake and they want to try to make it right. Consult with a professional Hampton Roads theft lawyer for more on defense strategies.

Prosecution of Theft Charges

A prosecution has to show that the accused took the real property of another person without the permission of the rightful owner with the intent to permanently deprive the rightful owner of that item.

Initial Steps of Preparing Theft Defense

The first thing an attorney will do is talk to individuals and get their version of events. If there is a prosecutor involved, an attorney and individual will talk to the prosecutor and conduct discovery and see what the evidence shows. An attorney will try to see if the version that comes from the individual is contrary to the evidence that the Commonwealth has available. Then an attorney and individual will strategize about the best way build a Hampton Roads theft defense.

Evidence in Building Defense

An attorney will want any statements made to police by either the other party or the accused. There must be some way to establish the value of the item taken. In some cases, there may be surveillance footage, which will be helpful proof in a theft defense.

Experts Necessary to Prepare a Strong Defense

If there is a dispute over the value of the item, a person may need extra witnesses to testify to the value because the value determines whether or not it is a felony or misdemeanor. That is one area where an expert could come in handy. Expert witnesses may also come in handy if the person has certain mental issues and they are trying to introduce evidence for mental impairment or some insanity that would have impacted the person’s decision making.

Generally, theft is not an area with a ton of expert witnesses because theft is something that is easy. The concept of theft is something that is easy for lay people to understand and judges might say that it is not highly scientific, so expert witnesses are often unnecessary in building a Hampton Roads theft defense.

Contacting a Hampton Roads Theft Lawyer

A person should contact a lawyer immediately. The sooner a person can get an attorney working on their case, the better. Once an attorney is involved, they are able to start talking to people and it is not something a person would want to leave until court because that limits what an attorney can do.