Stealing is the unlawful acquisition of property or objects that don’t originally belong to you. There are different types of stealing and different charges that apply to each category. Sometimes, types are graver than others. If you’ve been accused of stealing something unjustly, it is in your best interest to see a robbery defence lawyer.
However, before you seek the assistance of lawyers, it will be imperative to know the crucial points associated with theft accusations and what you should do under such circumstances.
Stealing can be something as small as pickpocketing a few dollars or as large as embezzlement, tax evasion, etc. It includes shoplifting, robbery, property theft, fraud, scams, etc., and at times, you’ll hear the word larceny being used when it comes to stealing. However, each talks about two different things.
The fore is the act of stealing some physical object from someone, such as shoplifting, pickpocketing, or stealing a car or property. It involved the physical removal of something without the owner’s consent.
On the other hand, theft encompasses a wide range of actions, such as embezzlement, tax fraud, etc. Stealing can be shoplifting, robbery, or ‘stealing from a person’ or online cams. Different rules and penalties apply to each case. However, at the end of the day, it is a criminal offense. The maximum penalty for stealing that you can face in the Local Court is 2 years imprisonment and/or a fine.
Most stealing cases are heard within the Local Court. However, more serious cases can be addressed by the District Court. Depending on which court is hearing the case, the rules may change,
To put it simply, in court, you have to tell the court if you are pleading guilty or innocent. You can also have other options like negotiating with the person who pressed the charges, the police, or making a Section 14 application, which is a mental health application.
If you plead ‘not guilty’ or innocent, the police have to present to you all the evidence they have against you before the court hears your case. If there is video proof, such as CCTV or car footage, you can see it at the police station before entering a plea in court. This is something that you and your lawyer need to arrange with the police beforehand. Through all of this, your lawyer needs to be there with you.
With minor offenses like catching someone lifting, the police may give you a fine. You could choose to escalate the offense to court, but this is not a good idea if you were stealing. If you’ve been falsely accused, however, it is best to seek representation as soon as possible. If you are found to be guilty, you could end up with a higher penalty than if you had just forfeited the fine, including:
If you have been accused of shoplifting, have received a fine for it, and are considering taking it to court, you should get legal advice.
If you go to court for false theft accusations, know that they cannot get away just based on a statement. They must prove the following:
Unless the accuser and the police can prove all these, the Court cannot deem you guilty.
That brings us to the end of this article, which outlines what could happen if you are accused of theft. It is best to be honest about these situations as being proven guilty later certainly incurs worse witnesses and penalties than if you’d just accepted it at the first go. If the accusation is false, it is all the more important to seek legal representation to get you the justice you deserve. You can always get in touch with a trusted theft crime lawyer in Perth today for professional consultations.