If you are facing theft charges, you may think that the case is pretty cut-and-dry. However, many legal defenses can help your case, even if you did take something belonging to someone else. For example, you may have taken an item by mistake, thinking it was yours. Or, perhaps you thought the owner permitted you to take it.
We understand how theft defense works in Texas and have helped many of our clients with their cases.
Intoxication as a defense
According to FindLaw experts, intoxication may be a successful theft defense. This defense utilizes the fact that you were too intoxicated to establish the plan to steal something, and that it was a mistake. This defense, however, is a double-edged sword. Public intoxication is illegal in many states so you may trade one charge for another.
Additionally, you must present proof of intoxication, such as receipts from the bar. This may result in the establishment facing a charge for serving you if you were visibly intoxicated.
Ownership claim as a defense
You may defend against accusations of theft if you think you have honest ownership of the item. For example, if you lend your friend your motorcycle you would not expect them to sell it to someone else. If this happens, however, you would probably make efforts to retrieve your motorcycle from the buyer. The buyer may accuse you of theft since they just paid for it, perhaps not realizing that your friend did not have the permission to sell it. More information about this topic is available on our website.