Theft
Theft charges, whether they involve shoplifting, embezzlement, or grand theft, can result in severe penalties, including jail time and hefty fines. The stigma of a theft conviction can also affect future employment opportunities. A Sunrise criminal defense lawyer can employ several strategies to fight these charges and protect your constitutional rights.
Lack of Intent to Steal
One of the most effective defenses against theft charges is proving there was no intent to steal. Theft requires a deliberate intention to deprive someone of their property. If you mistakenly took something or believed you had permission to take it, your lawyer can argue that you lacked the necessary intent to commit theft. Your attorney will seek evidence, such as communication with the property owner or proof that you intended to return the item.
Mistaken Identity
In cases where the theft occurred in a crowded place or there are multiple suspects, mistaken identity can be a viable defense. Eyewitness testimony can be unreliable, and a defense lawyer can challenge the identification process. Suppose the prosecution’s case hinges on an eyewitness’ identification. In that case, your lawyer may present evidence that you were elsewhere during the theft or that the identification was flawed.
Entrapment
Entrapment might be a defense if law enforcement officers induced you to commit a theft you wouldn’t have otherwise committed. Your attorney will work to prove that the idea of committing the crime originated with the officers and that you were persuaded or coerced into committing the theft. A defense lawyer can examine the actions of law enforcement and argue they unfairly targeted you.
Drug Crimes
Drug charges, whether they involve possession, distribution, or manufacturing, carry severe penalties and can have long-lasting consequences. A Sunrise criminal defense lawyer can employ various strategies to challenge the charges and protect your rights.
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures; any evidence obtained through an illegal search may be inadmissible in court. A defense attorney will scrutinize the circumstances of your arrest, examining whether law enforcement followed proper procedures. If the police searched without a warrant or probable cause, your lawyer might file a motion to suppress the evidence, which can lead to the dismissal of the charges.
Lack of Possession or Knowledge
In drug possession cases, the prosecution must show you had actual possession of the drugs and that you knew they were in your possession. If you were unaware of the presence of drugs or if the drugs belonged to someone else, your lawyer can argue that you didn’t have the necessary control or knowledge to be guilty of possession. This defense might involve presenting evidence that someone else had access to the location where police found the drugs or that you were unaware of their presence.
Entrapment
As with theft charges, entrapment can be a defense in drug cases if law enforcement induced you to commit a crime you wouldn’t have otherwise committed. If an undercover officer or informant persuaded you to buy or sell drugs, your lawyer can argue they entrapped you. To use this defense, your attorney must show that the idea originated with law enforcement and that you weren’t predisposed to commit the crime.
Property Crimes
Property crimes encompass a range of offenses, including vandalism, arson, and burglary. These charges can lead to severe penalties and can damage your reputation. However, a skilled lawyer can seek to avoid these punishments by employing the following defense strategies.
Lack of Intent
Many property crimes require the prosecution to prove that you intentionally damaged or took someone else’s property. If your actions were accidental or you believed you had permission to be on the property, your Rossen Law Firm Sunrise criminal defense lawyer can argue that there was no intent to commit a crime. For example, if you were on someone’s property but didn’t realize it was private, your lawyer might present evidence that you had no intent to trespass or commit burglary.
Mistaken Identity
As with theft charges, mistaken identity can be a defense in property crime cases. If someone mistakenly identified you as the perpetrator, your lawyer can challenge the reliability of the identification. Doing so might involve:
- Presenting an alibi.
- Questioning the credibility of eyewitnesses.
- Introducing evidence that someone else committed the crime.
Duress
In some cases, you may have committed a property crime under duress, meaning someone forced you to commit the crime under the threat of harm. If someone threatened you or your family, your lawyer can argue that you had no choice but to commit the crime to avoid greater harm. Your lawyer will try to show the threat was imminent and you had no reasonable opportunity to avoid committing the crime.
Robbery
Robbery is one of the most serious property crimes, as it involves taking property from another person using force or intimidation. A conviction for robbery can result in lengthy prison sentences and significant fines. An attorney can fight these charges by using the following defenses.
Lack of Force or Intimidation
One of the key elements of robbery is the use of force or intimidation to take property from another person. If the prosecution can’t prove that you used force or threatened the victim, your lawyer can argue that the crime was theft rather than robbery. This distinction is important because theft carries less severe penalties than robbery. Your lawyer might present evidence that the victim willingly handed over the property or that no threat was involved.
False Accusations
False accusations of robbery can arise in situations where the victim is mistaken about the identity of the perpetrator or where the accuser has ulterior motives. Your lawyer will investigate the circumstances surrounding the accusation, looking for inconsistencies in the victim’s story or evidence they accused you to settle a personal score. Your Sunrise criminal defense lawyer will look for potential inconsistencies by interviewing witnesses, examining surveillance footage, or presenting an alibi.
Lack of Intent to Permanently Deprive
Robbery requires an intent to permanently deprive the victim of their property. If you took the property temporarily or intended to return it, your lawyer can argue that you lacked the necessary intent to commit robbery. This defense might involve presenting evidence that you borrowed the item or that you believed you had permission to take it.