Defense of theft charges requires attention to both the factual and legal elements of the offense.
The intent element — the requirement that the defendant intended to permanently deprive the owner of the property — is often a significant area of dispute. Mistake of fact, meaning a genuine belief that the property was one’s own or that one had permission to take it, can negate the intent element.
Lack of knowledge in cases involving receiving stolen property is similarly a factual defense.
In fraud cases, the specific statements alleged to be false and their materiality to the alleged victim’s decision are elements that must be established by the prosecution. These elements require careful examination of the communications and the alleged victim’s actual decision-making process.
Restitution arrangements — agreements under which the defendant repays the value of the taken property — are relevant in many theft cases and can influence both prosecutorial decisions and sentencing. In cases where the defendant has already made restitution, or is willing to make it as part of a resolution, this can be a meaningful factor in negotiating a favorable outcome.
The Collateral Consequences Are Significant
We want to address the consequences of theft convictions directly, because they extend well beyond any criminal sentence. A conviction for a theft offense — particularly a fraud-related offense — can be devastating to employment prospects. Employers view theft-related convictions as reflecting on a person’s honesty and trustworthiness, and many professional licensing bodies treat theft convictions as grounds for denial or revocation of licenses.
Financial industry employers routinely disqualify applicants with theft convictions. These collateral consequences make the effort to avoid a conviction, or to minimize the nature of the conviction, particularly important in theft cases.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
