Theft Lawyer San Francisco CA
At Hallinan Law Firm, our theft lawyer San Francisco CA residents’ trust has represented people accused of various offenses, including robbery, theft, burglary, fraud, and other property crimes. In most cases, theft charges depend on evidence that is seized by law enforcement, either from a search warrant, stopping a vehicle, or searching the defendant and their bag or purse. In other instances, theft crimes depend on eyewitness testimony, which can actually be one of the most unreliable sources of proof in criminal cases.
Criminal Defense for Theft Crime
Our team at Hallinan Law Firm has defended many clients just like you, who are facing theft-related charges in the San Francisco Bay Area and beyond. We use every strategy at our disposal to advocate for your client and his or her rights, including investigating your case, pursuing a dismissal or reduction of charges, preparing the case for trial, and assessing the admissibility of evidence.
We are honest and straight-forward when it comes to your case and how we plan on protecting your rights and best interests so you get a fair trial. Hopefully, through our connections, we can solidify a lesser charge and repercussions for you, so this offense does not follow you for the rest of your life.
The types of theft charges a San Francisco theft lawyer in CA can handle include, but may not be limited to:
- Petty Theft (amount stolen under $400)
- Petty Theft (with a history of other convictions)
- Grand Theft Auto
- Grant Theft (amount stolen more than $400)
- Theft from a Vehicle
- Theft from a Dependent or Elderly Adult
- Carjacking
- Commercial Robbery
- Robbery
- Residential Robbery
- Burglary
- Residential Burglary
- Shoplifting
Theft Defenses
There are some legal defenses that can be applied to theft cases. It doesn’t matter if the underlying facts support the claim that the defendant took property without permission in some of these defenses, such as if the defendant misunderstood or was otherwise under duress. In any criminal case, though, it depends on the facts and how they are presented.
Some potential defenses for theft are:
- Ownership of the property, or right to claim the property.
- Intoxication, if you were intoxicated, you may be able to defend yourself against a theft charge.
- You can return the property. This will often drop a theft charge, but not always.
- Entrapment applies when you were induced to commit a crime, and the other side was planning to apprehend you and charge against you.
If you can claim that you had good faith that the property was yours, and can prove that you had a valid claim to it, you can use the ownership of property or right to claim the property to diffuse a theft charge. You’ll need evidence that supports your claim, though.
Intoxication—especially public intoxication—is a crime in and of its own rights. That means, if you’re going to use intoxication as the defense for your theft, you may receive a public intoxication charge. Weigh whether that is less than a theft charge with your lawyer, before you use this in court. It doesn’t matter what type of intoxication.
If you return the property to the person, it may prevent charges from being brought up. It doesn’t always do that, but it can also make you seem more sympathetic in front of a judge. It can help you get a plea deal if you’re seen in a kinder light, returning property that you acquired wrongly, however you acquired it. You can also, potentially, prove you had intent to return said property at the time it was taken, and get a lesser charge or charges dropped. Furthermore, another common defense in this vein is they were “borrowing” it.
Entrapment is applied when an individual was convinced to do the crime so that they could be prosecuted for it. In a theft case, this may look like if the victim was lured into stealing from someone, and the other party had intentions to charge them and apprehend them for that theft.
Of course there are other instances of theft that are common and accidental, such as shoplifting accidentally. If you are out shopping and you remove an item from the shelf, take it to the bathroom with you and store it in your purse, you can easily be charged with theft of said item. However, you can plead that it was an innocent mistake, and return or pay for the item to diffuse the situation. It’s still best to get a lawyer, because not everything can be diffused. Charges are not easy to get dropped, but it’s always a possibility.
Ensure your Theft Lawyer San Francisco CA is one that has your best interests in mind and has a lot of experience in your type of case.
The Chances of Your Charges Being Dismissed
One of the first things we discuss with our clients is about their chances of having the charges dropped against them. While this is possible, we will be clear about what is within our means and what is not. We strongly encourage anyone who has been arrested for a theft-related crime to get representation immediately from a law firm that is experienced in handling these kinds of offenses.
The value of the items you stole may determine whether you receive a misdemeanor or felony conviction. We can challenge the value and/or ownership of the stolen property and work relentlessly to reduce charges or get a dismissal of charges. When the defendant is accused of using threats, force, violence, or weapons when they engaged in theft activity, more serious convictions may apply to the case. However, by challenging the proof brought forward by the prosecution, we may be able to resolve your case without enduring the very worst of the potential consequences.
If you or someone you love is facing charges because of theft, please call Hallinan Law Firm today to speak with a California theft lawyer in San Francisco about how we can help.
