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.
225+ Google Reviews
Book Your Consultation
Get expert legal advice from Emma Turnbull Lawyers today
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.