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Can an Attorney Defend a Shoplifting Charge?

  • Birdsall Obear

Oh no, have you or someone you care about been charged with shoplifting? Take a deep breath. It is possible to mount a strong defense against shoplifting charges, but you will need to help of a skilled defense attorney.

Continue reading to learn about some of the issues they may address in their defense.

The Elements of Shoplifting

The primary element the prosecution considers in a shoplifting case is whether or not there was intent to steal the item and if proof exists. The critical detail is if evidence exists. The charges are no longer valid if the prosecution cannot prove that the intent exists.

Witness Testimony

A witness testimony could be your attorney's best bet at fighting a shoplifting case. Often attorneys use the defense of mistaken identity. The lawyer can then use the incident against the witness. The attorney will take a witness and question them to get as many details as possible of the event to either contradict the defendant's identity or make the witness doubt what they saw.

Accidental Cause and Intentions

Sometimes shoplifting happens by accident. If this is the case, your attorney can use it as your defense. As stated previously, sometimes, the shoplifter has no intention of stealing an item. While a store owner may only need the intent to charge someone, they cannot be convicted if there was no intent to steal.

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