Theft Lawyer

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Theft Lawyer

For the best possible outcome

You should seek expert legal advice and representation if you are accused of any kind of theft. Solicitors will make a big difference to your chances of preparing a defence and protecting your rights. Otherwise, the penalties for a conviction on theft charges can be severe, and affect many aspects of your personal and professional life, including everything from your finances to your ability to work in certain industries.

This is where Switalskis can help. Our specialist theft solicitors can help you navigate the challenges of the criminal justice system with confidence. We'll make sure you always understand what's happening with your case, the potential penalties you may be facing, and how to create an effective legal strategy. Theft can be a serious crime, but you still have the right to a defence, including legal representation and strong practical advice.

Our team of theft solicitors will stand by you throughout the process to protect your legal rights and make sure your voice is heard. Facing criminal charges can be difficult, but you don't have to go through this alone. Contact Switalskis to learn more about how we can help and start building your defence. Call us on 0800 1380 458 , or get in touch through our website .

To discuss your specific circumstances and find out how we can help, call us today on 0800 1380 458, or reach out to us via our website.

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How Switalskis can help you

There are many different theft-related offences, each of which is associated with different penalties. You may be asked to attend a voluntary police station interview, appear at a Crown Court hearing, or be subjected to searches. It's vital to have the right legal assistance at all stages of this process to protect your rights and begin building a defence from the outset.

Switalskis offers a range of legal services designed to support anyone accused of a criminal offence, whether they are facing simple theft charges or something more complex. With offices throughout Yorkshire, we can scale our services to meet your needs, and tailor them to your specific circumstances. For example, if you're asked to attend a voluntary police interview, we can advise you on whether or not you should attend and represent you at the police station. Our aim is to help you ensure that you are in the best possible position without incriminating yourself.

If you need to appear in court, we'll build your defence case on your behalf. We'll review all the evidence ahead of your court appearance to find any holes in the prosecution's case, and offer a realistic assessment of what to expect. Thanks to our experience, we can provide effective legal representation built around your specific needs, and respond effectively to anything that the prosecution throws our way.

What are the different theft offences?

The Theft Act 1968 outlines various offences related to theft with which you may be charged for an alleged offence. The primary theft-related offences that you may face under this act include:

Theft

Theft occurs when a person dishonestly takes property belonging to another with the intent to permanently deprive the owner of it. The person must be acting dishonestly for this offence to apply, and take control over the property without the owner's consent. Property can include a range of items, from money and physical goods to intangible assets like shares or, in certain circumstances, patents.

There must be an intention to permanently deprive the rightful owner of the property - meaning that the accused person planned not to return the item. The defence in some theft cases rests on this point.

Robbery

Robbery is theft with the use or threat of force. For a robbery conviction, the offender must have committed theft per the definition above, and have employed force or the threat of force in order to steal property belonging to someone else. The force or threat must occur immediately before or at the time of the theft, to facilitate the act, for a charge of robbery to apply.

Burglary

Burglary has two primary forms under the Theft Act 1968. The first involves a person entering a building or part of it as a trespasser with the intent to steal, inflict grievous bodily harm, or commit criminal damage. The second is when, having entered a building as a trespasser, the person then steals or attempts to steal, or inflicts or attempts to inflict grievous bodily harm. Committing burglary while carrying a weapon of offence - including any firearms, explosives, or items intended to cause injury - may result in a charge of aggravated burglary and a stronger penalty.

Handling stolen goods

Handling stolen goods occurs when someone receives, retains or disposes of items known or believed to be stolen. A person must know or believe that the items are stolen, and whilst mere suspicion is not enough, caselaw shows that ‘wilful blindness’ can be sufficient for a person to be guilty of this offence.

Other related offences include:

  • Blackmail, which involves making a threat with the aim of obtaining property or another advantage
  • Identity theft, which involves stealing someone's identity documents or details and using them for personal gain
  • Leaving without paying for goods or services with the intent to avoid payment

If you have been subject to an investigation or are facing any such allegations as described above, get in touch with the specialist theft solicitors at Switalskis today for advice on your legal position and the likely outcomes to expect.

What are the possible defences for theft?

There are several potential defences to a theft charge, and the best option will depend on your specific circumstances. Your theft solicitor will assess your situation, your version of events and their experience in criminal law to help you build the strongest case. If you need to appear in court, your theft lawyer will represent you and present a combination of evidence and mitigating factors to make sure you are not convicted or punished unfairly.

Some of the defences that may be available in your circumstances include:

Lack of dishonesty

One of the essential elements of the Theft Act is that the defendant must have acted dishonestly. You may be able to contest the charge on the basis that the defendant believed:

  • they had a legal right to the property, such as thinking it belonged to them or they were authorised to take it.
  • the owner would have consented to the appropriation if aware of the circumstances.
  • the property’s owner could not be discovered by taking reasonable steps.

Legal precedence shows that dishonesty should be assessed by considering what a reasonable person would think in the defendant’s situation, without requiring a subjective belief about dishonesty from the defendant.

No intention to permanently deprive

To secure a theft conviction, the prosecution must prove the defendant intended to permanently deprive the owner of their property. If the defendant can demonstrate that they intended only to borrow the property and that permanently depriving the owner of it was not their aim, or that they always planned to return it, this can serve as a defence. However, an intention to return something in a substantially changed state (or in such a way that the property’s value is reduced) might not succeed as a defence.

Consent of the owner

If the property owner consented to the defendant taking or using the property, it may not constitute theft. This defence is valid only if the consent was genuinely obtained without deception or duress, and if the consent was clear and unambiguous. 

Claim of right

Under this defence, the defendant asserts that they had an honest belief in a legal right to the property. This belief does not need to be correct or reasonable, but it must be genuinely held at the time of the appropriation. For example, if someone believed a particular item belonged to them due to a prior arrangement, they may have a valid defence under a claim of right.

Duress

If the defendant committed the theft under duress, meaning they were forced or threatened with immediate harm to themselves or others, this may constitute a valid defence. For this defence to succeed, the threat must be serious, specific and immediate, leaving the defendant with no reasonable alternative but to commit the theft. The law surrounding the defence of duress is complex and requires expertise legal advice.

Our expert theft and fraud solicitors will examine your circumstances and determine how we can help you.

To find out how we can help, call us today on 0800 1380 458, or reach out to us via our website.

What are the penalties if you're convicted of theft charges?

If you are convicted of theft charges in the UK, the potential penalties vary depending on factors such as the value of the stolen goods, the circumstances of the theft, the offender's criminal history, and whether the case is tried in a Magistrates' Court or the Crown Court. For lesser theft offences, particularly when the value of the goods stolen is low or there are mitigating factors, the case may be tried in a Magistrates' Court as a summary offence. The potential penalties include:

  • Custodial sentences: the maximum prison sentence for theft in a Magistrates' Court is 12 months.
  • Fines: the person could be ordered to pay a fine, with the amount based on the severity of the offence and their ability to pay. Magistrates can impose fines of up to £5,000 for individuals.
  • Community orders: instead of imprisonment, the court may impose a community order requiring the offender to undertake unpaid work, attend rehabilitation programmes, or be subject to curfews.

For more serious theft offences, the case can be tried in a Crown Court. This is typically done when the value of the stolen goods is substantial or the crime involves aggravating factors like violence or repeat offences. Penalties in the Crown Court can include:

  • Custodial sentences: the maximum penalty for theft is seven years' imprisonment, although for theft-related crimes such as burglary or robbery, sentences are much higher.
  • Fines: a Crown Court may impose unlimited fines in serious cases, which will take into account the offender's financial circumstances.
  • Confiscation orders: the court may issue an order to recover the value of the goods stolen, which forces the offender to repay this sum.

While these represent the maximum sentence in each case, there are many factors that influence the severity of the penalty you will receive if you plead guilty or are convicted of a theft offence. If violence was used, the offender was in a position of trust, or the theft involved vulnerable victims, the court may impose a harsher sentence. Alternatively, if the offender has no previous convictions or criminal record, shows remorse, or returns the stolen property, this could reduce the sentence. Our theft solicitors will work to present any relevant mitigating factors to make sure your sentence is fair and not excessive.

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Why Switalskis?

The team at Switalskis offers expert legal advice and is adept at representing clients throughout all stages of an investigation or criminal trial involving theft offences. You have the right to a defence and you should seek legal representation at the earliest opportunity. To make your experience as simple and straightforward as possible, our service is designed based on the following principles:

Clarity in complexity

Our theft solicitors will break down the complicated language and processes of the legal system to help you understand everything that's going on with your case, and what to expect as it moves forward. We want to empower you to make decisions regarding your defence, enable you to recognise the potential consequences, and help to remove the stress of uncertainty from the proceedings.

Empathy at every step

A criminal investigation or the prospect of court proceedings can add a lot of extra stress to your life, especially if you don't know what to do or what's going to happen next. The criminal defence solicitors at Switalskis understand how difficult this experience can be, and we're there to help. Beyond high-quality legal advice, we can also provide emotional support and stand by you through the difficult times. If you need extra help with your mental health, we can also connect you to resources that can assist you, and we'll take on the bulk of the responsibility for your defence so you can focus on the other things that matter in your life.

Expertise you can trust

Switalskis has a wealth of experience in providing criminal defence services for people accused of theft. You can rely on every theft solicitor in our criminal defence team to remain committed to your cause throughout the legal process, and to fight for the best possible outcome in your case. Because of our strong track record of expert legal representation, our legal team can also offer a straightforward evaluation of how your case is likely to unfold.

Championing your rights

When you face the criminal justice system, it's important to have someone by your side who understands your situation. Our team knows that for all types of criminal offences, the alleged offender has the right to a defence, and to be treated fairly by the police and the court. From the very beginning when theft allegations are made, through to any appearances in court, to the appeals process, our solicitors can be there to make sure you're treated with respect and your rights are upheld.

Find out how Switalskis can help you

If you've been investigated for any theft offence or are facing criminal charges, you need urgent support from criminal defence lawyers. Switalskis' team can give you the best chance of a successful outcome by building and presenting your defence in the strongest terms, and protecting your rights throughout. Get in touch with Switalskis by calling 0800 1380 458 or reach out to us through our website today.

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