Facing Theft Charges? What to Expect and Possible Defenses
A theft charge can have significant and lasting consequences, whether it involves petty theft, burglary, or grand larceny. The legal process can be overwhelming, and understanding each stage can help reduce uncertainty. It’s essential for anyone facing theft charges to understand the potential defenses and the impact a conviction can have on their future.
I’m Zak Newman, Attorney at Law, a criminal defense lawyer in Chattanooga, Tennessee. With extensive experience handling theft charges, I’m dedicated to guiding you through the legal process and helping you explore all available options for your case.
Steps in the Legal Process for Theft Charges
A theft charge usually begins with an arrest, followed by a series of legal proceedings that determine how the case moves forward. Early steps include booking and arraignment, where the accused is formally presented with the charges and enters a plea.
If the case proceeds, the court may schedule preliminary hearings to review the available evidence. This stage helps determine whether the prosecution has enough to move toward trial. Depending on the circumstances, plea negotiations may occur before trial begins.
Every stage of the process affects the outcome. Having legal representation early on can help you respond to each development in a timely and informed way. A lawyer can also communicate on your behalf with law enforcement and the court to prevent missteps that might harm your case.
Investigating the Theft Charge
Once a theft charge is filed, both sides begin reviewing the facts. The defense’s goal is to find weaknesses in the prosecution’s case, whether that’s unreliable testimony, unclear evidence, or inconsistencies in the narrative.
Investigations often involve collecting police reports, reviewing surveillance footage, and speaking to witnesses. In some cases, independent investigators or consultants may also be brought in to provide additional context or challenge key points.
This phase often reveals whether the case is likely to go to trial or be resolved another way. The findings here can shape the entire defense strategy. Careful review during this stage can also uncover procedural errors or rights violations that may be used to challenge the charge.
How the Court Handles Theft Charges
The court treats theft charges with varying degrees of seriousness, depending on the value of the property involved and whether the accused has a prior record. Misdemeanor charges are handled differently from felony-level theft cases.
Court appearances may include hearings on bail, evidence suppression, and scheduling. If no plea deal is reached, the case eventually goes to trial, where the facts are presented to a judge or jury.
Understanding courtroom procedures can make the process feel less intimidating. Your lawyer can also help you prepare for each appearance, so you know what to expect. Even small procedural issues, like missing a hearing or filing documents late, can have serious consequences.
Common Defenses Against Theft Charges
Defense strategies in theft cases depend on the facts, but some arguments appear more frequently than others. Knowing the options available may help you understand what your attorney is working toward. Some common defenses include:
Lack of intent: Theft requires intent to deprive someone of property. If intent can’t be proven, the charge may not stand.
Consent or misunderstanding: If the property owner allowed the use or transfer of the item, there may be no criminal act.
Mistaken identity: Eyewitnesses aren't always reliable, and it’s possible to challenge how the accused was identified.
These defenses are tailored to the facts of the case. A professional attorney like me, Zak Newman, will know how to build the argument most appropriate to your situation.
Possible Outcomes of a Theft Charge
The results of a theft charge can vary widely based on the nature of the offense and the strength of the evidence. In some situations, the charge is dismissed before trial. In other cases, the defendant might accept a plea deal or proceed to a verdict.
Outcomes range from diversion programs to jail time. Fines, community service, and probation are also common in theft cases, particularly for first-time offenders. Repeat offenses or higher-value thefts carry more severe penalties.
Every case is unique, and your attorney will help you evaluate what outcome to work toward based on the available facts and legal options. This guidance can help you avoid unrealistic expectations and make informed decisions about your next steps.
How Prior Convictions Affect a Theft Charge
A person’s criminal history plays a major role in how a theft charge is handled. Prior convictions, especially for similar offenses, can lead to harsher penalties, including longer sentences, higher fines, or fewer options for diversion.
Repeat offenses may also shift a theft charge from a misdemeanor to a felony, depending on state law and the value of the property involved. Prosecutors are more likely to pursue aggressive charges if a pattern of behavior is suggested.
Judges often consider a person’s record when deciding on bail, sentencing, or probation. A clean history, on the other hand, may work in your favor during negotiations or at trial.
Alternative Sentencing and Pretrial Programs
Some jurisdictions offer programs that allow defendants to avoid traditional sentencing. These programs are especially common in cases involving low-value property or defendants with clean records. Some examples of alternative options are:
Pretrial diversion: Completing specific requirements like classes or restitution may result in dismissal.
Deferred adjudication: The defendant pleads guilty, but the court delays a final conviction while the terms are met.
These programs aren't automatic and usually require negotiation. Your lawyer can advise whether they apply to your situation and help you pursue eligibility. In some cases, completing a program may prevent a conviction from appearing on your record at all.
How a Theft Charge Can Affect Your Record and Future
Even if no jail time is imposed, a theft charge can have lasting consequences on your personal and professional life. Criminal records are often visible to employers, landlords, licensing boards, and others performing background checks.
Convictions for theft may create a perception of dishonesty, which can be especially damaging in fields that involve money, sensitive information, or client trust. In some cases, professional licenses or student aid eligibility may be affected.
It may also become harder to qualify for housing or credit. Addressing the charge properly the first time helps minimize the long-term damage and preserve your future options.
Negotiating a Plea Deal
In many theft cases, prosecutors may offer a plea deal, allowing the defendant to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions. This often avoids the need for a full trial and can result in more favorable outcomes for the defendant.
It’s essential to have experienced legal representation during plea negotiations. An attorney can assess the strength of the prosecution’s case and help determine if a plea deal is the most beneficial option for your situation. If the offer seems too harsh, your lawyer can advise on rejecting it and proceeding to trial.
While plea deals can offer faster resolutions, it’s important to fully understand the consequences. Even a reduced charge may still result in penalties such as probation, fines, or a permanent criminal record.
Having an attorney by your side helps you make an informed decision about whether to accept or decline the plea offer, considering both short-term benefits and long-term impacts.
Reach Out Today
If you're facing a theft charge, I’m here to offer the legal guidance you need. I serve clients in Chattanooga, Tennessee, as well as other areas in Hamilton County, including Red Bank, East Ridge, and Collegedale, and I’m committed to working with you to build a strong defense. Contact me today to schedule a consultation.