What Is Theft?
Theft is the intentional misappropriation of money, objects or intellectual property.
With theft, a prosecutor only has to prove intent. If, for example, an employee is caught stashing money within his employer’s premises with the intention of removing it later, it is theft. The fact that the items have been recovered does not detract from the completion of the crime although would amount to mitigating circumstances that would influence the sentence imposed. Accordingly, if someone has a genuine but mistaken belief that he has the right to take something, he lacks criminal intention and theft has therefore not been committed.
Been Charged With Theft? We Can Help
In Scotland, a prosecutor has to provide corroborated evidence of a crime: i.e., two different sources of evidence without which an offence cannot be proved. If the police interview a suspect, it is particularly important that this person seeks immediate legal advice from a solicitor specialising in criminal law. Very often we represent clients who have failed to do this and have given damning evidence to the police.
There are a number of defences to allegations of theft. If you are facing a theft charge, our expert criminal lawyers are available 24/7 to discuss your case via phone or email.