Defending Yourself Against Second and Third-Degree Grand Theft

Defending Yourself Against Second and Third-Degree Grand Theft Charges

Getting charged with grand theft can be scary. The penalties are no joke – we’re talking years in prison or thousands in fines. But don’t panic! There are ways to fight these charges and protect yourself. I’m here to walk you through what grand theft is, the different degrees, penalties, and most importantly, the defenses that could get your charges reduced or even dismissed.

What is Grand Theft?

Grand theft is when someone takes property that doesn’t belong to them and it’s worth over a certain dollar amount – usually $300 to $500 depending on the state. There are different degrees based on how much the stolen property is worth:

• Third-degree – Property worth more than $300 but less than $20,000
• Second-degree – Property worth more than $20,000 but less than $100,000
• First-degree – Property worth over $100,000

The more your alleged theft is worth, the higher degree the charges. Higher degree means harsher punishments if convicted. Let’s break those down:

Penalties for Grand Theft

Third-Degree Grand Theft

This is a third-degree felony charge. If convicted, you could face:

• Up to 5 years in prison
• Up to 5 years probation
• Up to a $5,000 fine

Second-Degree Grand Theft

This is a second-degree felony charge. If convicted, you could face:

• Up to 15 years in prison
• Up to 15 years probation
• Up to a $10,000 fine

First-Degree Grand Theft

This is a first-degree felony charge – the most serious. If convicted, you could face:

• Up to 30 years in prison
• Up to 15 years probation
• Up to a $10,000 fine

Yikes! Those are some scary consequences. But don’t lose hope – there are defenses that could help you avoid conviction.

Defenses Against Grand Theft Charges

The best defense depends on the details of your specific case. But some common defenses against grand theft charges include:

You Had Permission

If the property owner gave you permission to take or use the item, it’s not theft. For example, if a friend let you borrow their car and then reported it stolen, you can argue you had permission. Any evidence of permission – like texts, emails, or witnesses – is key.

You Didn’t Take It

If you weren’t the one who actually stole the property, you can’t be convicted of theft. An alibi showing you were somewhere else at the time of the crime could prove your innocence.

You Own the Property

You can’t steal something that already belongs to you. If you had ownership rights in the property, it may not qualify as theft. Joint or disputed ownership can complicate things though.

Mistake of Fact

If you had a good faith belief that you had permission or the right to take the property, you may not have intended to deprive the owner. This mistake of fact could undermine the intent required for theft.

Entrapment

If police coerced or improperly encouraged you to commit the theft crime, an entrapment defense may apply. This is tricky to prove though.

Intoxication

If you were extremely impaired by drugs or alcohol at the time, you may have been unable to form the intent necessary for theft. Voluntary intoxication rarely excuses a crime though.

Duress

If you only committed the theft because you were threatened or coerced, a duress defense could negate the intent. You have to show you had a reasonable fear of harm if you didn’t comply.

Necessity

In very limited cases, necessity can be a defense. If you stole only to prevent an imminent harm or danger, and had no reasonable alternative, it may apply. But the harm has to be extremely serious.

As you can see, defending against grand theft charges involves showing you didn’t have criminal intent or there are special circumstances. An experienced criminal defense lawyer can evaluate the evidence against you and decide the best defense strategy. They may even be able to negotiate with the prosecutor to get charges reduced or dismissed pre-trial.

Don’t leave your future up to chance. If you’ve been charged with any degree of grand theft, reach out to a lawyer right away. The sooner you start building your defense case, the better. You don’t have to face these serious accusations alone when your freedom is on the line.