Accredited Criminal Lawyers Melbourne

Theft

Expert criminal defence for theft charges. Emma Turnbull Lawyers will help you understand the elements of the offence and build a strong defence strategy.
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    Elements of the offence

    A charge of theft contains the following elements to be proven to be successful:

    1. The accused dishonestly appropriated property belonging to another;

    2. The property was capable of being stolen;

    3. The accused intended to permanently deprive the owner of the property; and

    4. The accused knew or was reckless as to whether the property belonged to another.


    Will I have to go to court?

    Theft charges are typically heard in the Magistrates' Court, though more serious cases may be heard in the County Court.

    Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.


    Maximum Penalty

    The maximum penalty for theft varies depending on the value of property stolen, ranging from 2 to 10 years imprisonment.


    What sentences are usually given?

    Sentencing depends on factors such as the value of property stolen, whether it was from a person or premises, the sophistication of the theft, and any prior criminal history



    Defence strategies

    Lack of Dishonesty

    Challenge whether you acted dishonestly or believed you had a legal right to the property

    Lack of Intent

    Establish that you did not intend to permanently deprive the owner of the property

    Insufficient Evidence

    Challenge the prosecution's case on the facts and evidence presented

    Procedural Issues

    Identify breaches in police procedure or evidence handling

    Mistaken Identity

    Challenge whether you were the person who committed the theft

    Why Clients Choose Emma Turnbull Lawyers for Theft?

    Every case is overseen by an Accredited Criminal Law Specialist.

    Specialist

    Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions. 

    Accredited

    Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.

    Strategic

    No generic advice, just strategic preparation and advocacy designed to protect futures.

    What To Do If Facing Theft Charges

    Early Legal Advice Matters. Contact Emma Turnbull Lawyers Today.