Criminal Defense Lawyers

Theft & Fraud Charges

Theft & Fraud Charges: A Layman’s Guide

Getting charged with theft or fraud can be scary. Even if you’re innocent, just being accused makes you feel like a criminal. Let’s break down what these charges really mean, what defenses you can use, and how to get through it.

What is Theft?

Legally speaking, theft means taking someone else’s property without permission, aka “stealing”. There are a bunch of specific theft crimes like:

• Shoplifting – nabbing merchandise from a store
• Pickpocketing – slipping your hand in someone’s pocket or purse
• Burglary – breaking into a building to steal stuff
• Robbery – using force or threats to take property from a person
• Auto theft – stealing a car
• Embezzlement – stealing money from your employer

The exact definitions vary by state, but in general theft requires you to intentionally take property that doesn’t belong to you. If it was an accident or you had permission, it’s not theft.

The value of the property also matters. In most states, the more expensive the item, the more serious the crime. Like stealing a candy bar would be petty theft, but swiping a diamond ring could be grand larceny.

What is Fraud?

Fraud is intentionally deceiving someone for financial gain. There are tons of fraud schemes, including:

• Identity theft – using someone else’s personal info to get money or credit
• Forgery – altering a document like a check to steal money
• Credit card fraud – using stolen cards or card numbers
• Insurance fraud – lying to get payouts from an insurer
• Welfare fraud – lying on applications for government benefits
• Tax fraud – not reporting income or falsifying deductions
• Investment scams – manipulating people to invest in fake opportunities

The key is there has to be a victim who loses money or property as a result of the deception. If no one gets hurt, it may be unethical but not necessarily illegal.

Common Defenses to Theft & Fraud

Fighting theft or fraud charges often comes down to intent. The prosecution has to prove you meant to deprive someone of property or money. As a defendant, you want to show there was no criminal intent. Here are some common defenses:

I Had Permission

For theft, you can argue the “owner” consented to you borrowing or taking the item. Like if a friend said you could use their car, you aren’t “stealing” it.

For fraud, you may claim the alleged victim authorized the transaction. So if your boss approved your expense report, it’s not embezzlement – even if the company lost money.

It Was a Mistake

If you took something by accident or made an honest error on a financial document, you lacked criminal intent. Theft requires knowingly taking property. Fraud requires willful deception. Mistakes may be civil wrongs but aren’t crimes.

I Was Framed

You can claim you had no involvement and someone else committed the theft or fraud to implicate you. This works best if you have evidence pointing to another suspect and showing you weren’t there.

I Have an Innocent Explanation

There may be an innocent reason why you ended up with stolen goods or suspicious financial dealings. Like if you unknowingly received stolen property as a gift or made a math error on your taxes. This can create reasonable doubt about criminal intent.

I Have an Addiction

Courts may be more sympathetic if compulsive behavior like gambling or drug addiction caused the financial crime. It’s not a complete defense but could lead to reduced charges or alternative sentencing.

I Was Coerced

If you can show you were forced or threatened into committing the crime, it negates intent. This works best if you immediately reported the coercion and have evidence of duress.

What Happens If You’re Convicted?

The penalties for theft or fraud vary drastically based on the specific charges and your criminal record. Misdemeanors may lead to probation or less than a year in jail. Felonies can result in state or federal prison time of a year or more. Other possible punishments include:

• Fines – Courts can impose hefty monetary penalties, especially for white collar crimes.
• Restitution – You may have to repay what was stolen or defrauded.
• Community service – For minor crimes with no prior record, you may have to volunteer unpaid hours.
• Loss of benefits – Convictions can impact government aid, professional licensing, voting rights, etc.
• Deportation – Fraud and theft are considered “crimes of moral turpitude” that can make immigrants deportable.

The consequences often continue long after the sentence is complete. Many employers won’t hire anyone with a theft or fraud conviction. Landlords may refuse to rent to you. It can be challenging to move on with a criminal record.

How to Get Through This

Being accused of theft or fraud feels scary and overwhelming. But stay calm and know there are people who can help. Here are some tips:

• Hire a criminal defense lawyer – Don’t go it alone. An experienced attorney is key.
• Be honest with your lawyer – Helping your case starts with telling them the full truth.
• Follow your lawyer’s advice – Their job is protecting your rights and interests.
• Avoid talking to police without your lawyer – Anything you say can be used against you.
• Ask about diversion programs – These may dismiss charges after a probation period.
• Consider plea bargains – Even if you’re innocent, a deal may be less risky than trial.
• Request alternative sentencing – Treatment programs may substitute for jail time.
• Lean on your support system – Turn to family and friends to get through this.
• Take care of your mental health – Seek counseling if you’re struggling with guilt, anxiety, depression, etc.
• Focus on the future – This is just one setback. You’ll get through it and move forward.

Dealing with criminal charges is scary no matter what. But having the right legal help and emotional support can make a huge difference. Don’t lose hope – you can get past this and rebuild your life.