Theft is common throughout the country, and a person’s bad decisions can leave them vulnerable to criminal liability. The penalty related to theft depends mainly on the value of the items stolen. Here, clients can learn how an attorney can help them get through a theft case as smoothly as possible.
Identify the Amount of the Alleged Loss
A crucial element in a theft case is the amount of the victim’s alleged losses. Whether the victim is a retail outlet, former employer, or acquaintance, the amount of the loss is a vital factor in determining the severity of the case. In a theft case, a loss of more than $400 can result in grand theft charges, while amounts under $400 will bring a misdemeanor charge. For an embezzlement case, a loss of more than $50,000 results in an enhancement that can bring a mandatory state prison sentence. Regardless of the circumstances, knowing the amount involved in the offense can help a Theft Attorney in DeKalb determine whether the case has a chance of reaching a settlement or if it will go to trial.
Determining the Viability of a Civil Compromise
Not every theft case settles, nor should it. Every case should be judged on its facts. However, when the loss is less than $100 from a local business, civil compromise may be a good option. Civil compromises are legal documents that an attorney can provide to the other party. When the victim signs the document, it states that they have received full compensation for their losses and are not interested in prosecution. The civil compromise does not guarantee a criminal case won’t be filed, but it gives the court the right to dismiss the case if it is appropriate.
Disclosure of Factors Affecting a Client’s Mental State
To be convicted of theft, the prosecutor must prove beyond reasonable doubt that the client intended to defraud the victim. Taking of the property cannot be inadvertent or accidental. Evidence of intent can include statements made at the scene or video surveillance footage. Medications, alcohol, or traumatic circumstances can affect the intent element and create a possible defense. A Theft Attorney in DeKalb with can explore issues related to intent to determine whether they can be used during negotiations or to win in court.
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