How Can You Defend Against Petty Theft Charges?

Where Does Petty Theft Rank in Criminal Charges?

Don’t be fooled by the word ‘petty. ‘ A petty theft charge can still be a serious charge with severe consequences. Anyone facing these charges should have a strong understanding of the details of their charge, and they should act quickly to connect with an experienced theft crimes attorney to get clear information and a solid plan.

A petty theft charge is a misdemeanor charge; however, depending on the value of the property stolen and the number of previous charges, it could be either a Class D or Class A misdemeanor. Both can lead to differing amounts of fines, community service, restitution, and potentially even jail time in the case of the Class A misdemeanor charge. Because of the different punishments based on specific details, it’s best to connect with a knowledgeable attorney team like the one at Missouri DWI & Criminal Law Center to ensure you have the correct information about your situation and options.

Is Shoplifting Different Than Petty Theft?

Shoplifting is considered to be essentially no different from petty theft of any other kind (given that the property’s value remains under the threshold of approximately $750). However, there is one primary way shoplifting differs from other forms of petty theft, which can affect the charged party.

In Missouri, shoplifting carries both criminal and civil penalties. In addition to the previously mentioned punishments, the store affected by the shoplifting theft can bring civil charges. That includes the value of the merchandise, punitive damages, and any court fees or incidental costs. This means that a shoplifting charge can potentially be considerably more expensive than a petty theft charge that doesn’t include shoplifting.

What Mistakes Should I Avoid if I’ve Been Charged with Petty Theft?

Once a petty theft charge has been levied, you should do as many of these essential things as possible to limit the damage. First, you should remain silent. That obviously applies to discussions with the police or other law enforcement figures, but it also applies to any parties involved in the accusation as well. In fact, the most intelligent decision is not to discuss the details of your case with anyone at all outside of the attorney you decide to hire. The more you discuss the case, the more opportunities there are to misspeak, be misunderstood, and potentially create more problems with the case down the line.

Secondly, it’s vital to gather any evidence that shows you are not guilty of the charge. This could come in many forms that would be different depending on your specific circumstances. It could be in the form of photographs or receipts that show possession or purchase of items you’ve been accused of stealing. It could be alibis or eyewitness testimony from someone who can refute the claims against you. The specifics of your case will define what would make for compelling evidence, and you may not know for sure what that would be until you speak with your attorney.

And of course, the third thing is to speak with an attorney as soon as possible. Any issue with the court is serious, but a theft charge on your permanent record can be a difficult challenge to overcome in the future for everything from home ownership to applying for jobs. An attorney is the best and smartest decision you can make to give yourself the best chance of a good outcome in a bad situation.

What Defenses Can I Use for Petty Theft Charges?

When considering what defenses you can and should use in your petty theft case, there are five key questions that you should ask yourself and discuss with your attorney. They will directly impact how you handle the charge moving forward.

The first question is, “Is it possible there is a case of mistaken identity?” It is, unfortunately, not rare that the wrong person has been accused and even found guilty of theft charges in the past due to misunderstandings from accusers, problems with conclusions in the investigation, and simply being misidentified. If you believe this is the case, you should share any information that points to that possibility with your attorney.

The second question is, “Is it possible that there was no intent to steal?” Part of the requirement for a charge like this is that there was the intent for you to deprive the owner of their property permanently. For example, if someone ran into a convenience store to grab a case of water and ran out of the store with it, it would be theft; however, if the person’s friend was trapped in a burning car and he was using the water to put the fire out, he may have intended to come back and pay for the water after the emergency. Another example is if a theft happened without the knowledge of the person who did it; for instance, if someone put an expensive watch in someone else’s pocket in a store, and that person walked out with it without realizing it was on their person. Those are instances where the intent to steal did not exist.

The third question to ask yourself is, “Did another party force the theft?” If someone is forced into theft by threat of harm, this can be a factor that changes the circumstances of the charge. For instance, if a man were told to steal pharmaceuticals from a store or someone else would hurt their child, that is a factor that could alter the charge.

The fourth question is, “Do you have any claim of ownership?” While it seems simple on its surface, it frequently happens that two parties disagree about something because they disagree on ownership. That doesn’t always mean that the person who pressed the charges was in the right. If you feel there is a clear claim of ownership on the property you’ve been accused of stealing, definitely share that information with your attorney.

And finally, the fifth question is, “Do they have strong evidence that you stole something?” The difference between a charge and a conviction is often a matter of whether the prosecution can prove guilt beyond a reasonable doubt. A conversation with your attorney can help you clarify if there are weak spots in the charge against you.

Do I Need an Attorney for My Petty Theft Charges?

While Missouri does not require an attorney when facing theft charges, it would be wise for the good of your family, finances, and future to hire an attorney to help you with your charges. There’s no reason to risk a bad result when an attorney can make sure you know the proper information, understand your options, and make the decision that will get you the best possible outcome.

You should call Missouri DWI & Criminal Law Center today at 816-846-2219. We can provide key insights into the court process, your options, and what elements of a petty theft charge you might not know. Call today so we can get started helping you fix the problem and get on with your life.