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larceny & theft Archives

Defenses exist to allegations of theft

In order for a Tennessee resident to successfully use one of the following defenses to a claim of theft, the facts of their particular criminal case must substantiate the validity of the propounded defense. Just as prosecutors must prove the elements of the legal charges they lodge against individuals, so too must criminal defendants support their criminal defense responses with evidence. This post will mention several of the defenses individuals may use to counteract their theft charges, but readers should understand that this post is not comprehensive and these defenses may not be applicable to every case.

Different levels of offense exist for theft charges

Theft generally involves the taking of someone else's property without permission and with the intent of preventing the original owner of every getting the property back. In Tennessee, individuals are falsely accused of theft when they borrow items owned by others or fail to properly communicate with others about their intended uses of the others' goods. Theft charges can be very serious, though, and can be categorized into two general levels.

Understand the elements of a theft charge

Every day Tennessee residents take and borrow items of property from their friends, family members and neighbors. It is not uncommon for a person to lend their property to another so that the other may use it for a particular purpose; in situations such as this the original owner of the property likely expects that the borrower will return the item of property when they are done using it.

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