Common Defences Used By Theft Lawyers In Edmonton

Being accused of theft can be a stressful and overwhelming experience. The potential consequences, including fines, jail time, and a criminal record, can have a significant impact on your life. 

If you\'re facing theft charges in Edmonton, it\'s crucial to understand your rights and explore your defence options.  This is where a skilled theft lawyer in Edmonton can be your strongest advocate.

This article explores some of the common defences employed by theft lawyers like criminal defence lawyer edmonton in Edmonton. By understanding these strategies, you can gain valuable insight into how a lawyer can fight your charges and protect your future.

Understanding Theft Charges In Alberta

Theft, as defined by the Criminal Code of Canada, refers to the act of fraudulently and without legal justification taking or converting something, whether animate or inanimate, belonging to another person, with the intent to deprive them of it, temporarily or permanently. The severity of the charges and potential penalties depend on the value of the stolen property.

• Theft under $5,000: This is considered a summary offence and carries a maximum penalty of imprisonment for six months a fine of $3,000, or both.
• Theft over $5,000: This is a more serious offence and is prosecuted as a hybrid offence. This means it can be tried either summarily or by indictment. The maximum penalty for theft over $5,000 is imprisonment for ten years.

Common Defences Used By Theft Lawyers Edmonton

A skilled theft lawyer in Edmonton will analyze the specifics of your case and identify the most suitable defence strategy. Here\'s a look at some of the common defences employed:

1. Mistake Of Fact: This defence applies if you genuinely believed you had the right to take the property. For instance, if you mistakenly pick up someone else\'s identical briefcase at the airport, you might be able to argue a mistake of fact.

1. Lack Of Mens Rea (Guilty Mind): Theft requires proof of a guilty mind, meaning you intend to steal the property.  A lawyer may argue that you lacked the necessary intent. For example, if you borrowed something intending to return it but were unable to due to unforeseen circumstances, this could be a defence.

1. Entrapment: This defence applies if a law enforcement officer pressured or induced you into committing the crime.  The burden of proof falls on you to establish entrapment.

1. Police Misconduct:  If law enforcement obtained evidence through illegal means, such as an unlawful search and seizure, a lawyer may argue that the evidence should be excluded from court.  This could significantly weaken the prosecution\'s case.

1. Alibi:  If you have a credible alibi that places you somewhere else at the time of the alleged theft, this can be a strong defence.

1. Value Of The Property:  In some cases, the defence may challenge the Crown\'s valuation of the stolen property.  This can be particularly relevant for theft under $5,000 charges.

1. Negotiating Plea Bargains:  In some cases, a lawyer may be able to negotiate a plea bargain with the prosecutor, potentially resulting in reduced charges or a lesser sentence.

Importance Of Hiring A Theft Lawyer Edmonton

Theft charges can have serious consequences, so it\'s crucial to have a strong legal defence on your side. Here\'s why hiring a theft lawyer in Edmonton is essential:

• Understanding The Law:  The legal nuances of theft charges can be complex.  A lawyer can explain the charges you face, your rights, and potential defences.

• Evidence Analysis:  A lawyer will meticulously analyze the evidence presented by the prosecution and identify any weaknesses in their case.

• Protecting Your Rights: Throughout the legal process, a lawyer will ensure your rights are protected and that all procedures are followed correctly.

• Negotiation Skills:  Lawyers are skilled negotiators who can bargain with the prosecution on your behalf, potentially leading to a more favourable outcome.

• Courtroom Experience:  If your case goes to trial, a lawyer with extensive courtroom experience will represent you effectively and give you the best chance of a positive outcome.

Finding The Right Theft Lawyer In Edmonton

When facing theft charges, choosing the right lawyer is critical. Look for a lawyer with experience handling theft cases in Edmonton.  It\'s also important to feel comfortable communicating openly and honestly with your lawyer. In addition, consider seeking a lawyer who not only possesses a strong track record of success but also demonstrates genuine empathy and dedication to understanding your unique circumstances.

Conclusion

Navigating theft charges requires skillful legal representation and a thorough understanding of the applicable defence strategies. Theft lawyers in Edmonton employ a range of tactics, from challenging the evidence to establishing mitigating circumstances, to secure favourable outcomes for their clients. By leveraging these defence strategies, defendants can protect their rights and achieve the best possible resolution to their cases.