As a major metropolitan area, Phoenix sees more than its share of theft crimes. However, because there are legitimately a lot of property crimes throughout the city, law enforcement tends to take an overly aggressive approach to enforcing theft crimes, which can lead to mistakes and wrongful arrests. The bottom line is that anyone charged with a theft crime in Phoenix should ensure they are represented by an experienced Phoenix theft crimes lawyer.
At the Law Office of James E. Novak, out dedicated Phoenix criminal defense attorney has been defending the rights of clients throughout Maricopa County for more than 25 years. Over this time, he’s come to learn what theft crime defenses have the highest chance of success and how to craft compelling defenses designed to ensure your case ends in the best result possible.
The Phoenix Police Department keeps detailed records of all property crimes in the city. Property crime is a broad term that includes theft, vandalism, carjacking, shoplifting, and any other crime that impacts another’s property.
The most common theft crimes in Phoenix include the following:
While theft crimes occur all over Phoenix, according to the most recent data from the Phoenix Police Department, the following are designated as property crime hotspots:
Theft crimes are quite a bit more complicated than they appear to be at first glance. For example, it’s not enough for police officers to arrest you while in possession of stolen goods; they need to prove that you were the one to take the goods, and that you did so with the intent to permanently deprive the owner of them.
There are a number of theft crimes defenses that can reduce your exposure, cause the prosecutor to withdraw the case against you, or result in the jury returning a not guilty verdict. Some of the best defenses for theft crimes include the following:
Lack of Intent: A key element of theft is the intent to permanently deprive the owner of their property. If your Phoenix theft crimes lawyer can show that you did not have an intent to steal, such as if the incident involved a misunderstanding or an honestly held belief that you had a right to the property, this can be a strong defense.
Mistake of Fact: This defense applies when you genuinely believed that you had a right to the property or were under a misconception about a crucial fact related to the property’s ownership. If this belief is reasonable under the circumstances, it may negate the intent to commit theft.
Claim of Right or Ownership: If you genuinely believed that the property in question belonged to you, this can serve as a defense because you wouldn’t have had the necessary intent to deprive the owner of their property. Of course, your belief must be both honest and reasonable.
Duress or Coercion: If you committed the theft under duress, for example, if you were being forced or threatened by someone else, this can mitigate your culpability.
Return of Property: While not a complete defense, returning the stolen property can sometimes be used to mitigate your sentencing exposure. However, it’s best to consult with an experienced Phoenix theft crimes lawyer prior to returning the property or talking to the alleged victim or law enforcement.
If you were recently arrested for theft, shoplifting, larceny, or any other theft offense, the Law Office of James E. Novak can help. For more than 25 years, Attorney Novak has been aggressively defending the rights and freedoms of clients charged with all types of theft crimes. He understands what’s at stake in these cases and will do everything possible to protect your rights at every step of the process. To learn more, and to schedule a free consultation with our Phoenix theft crimes lawyer today, call 480-413-1499. You can also reach us through our secure online contact form.