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Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > Affirmative Defense Strategies And Your Theft Charge

Affirmative Defense Strategies And Your Theft Charge


After a theft charge, a skilled defense attorney can explore strategies that will assist in securing favorable outcomes for your unique situation. An affirmative defense strategy could be a beneficial course of action for you and your family.

When you hire a Clearwater criminal defense lawyer, they will carefully listen to you and investigate the details of your case. Then, they will use their expertise to evaluate the strengths and weaknesses of utilizing specific defense tactics.

Type of Affirmative Defense Will Depend on the Case

The core of an affirmative defense is that the individual charged admits to a theft crime but their attorney also presents evidence that there were factors surrounding the theft that either excuse or justify participation in the event. For example, if you were forced to steal property, because another was threatening you with violence or force, a duress defense may be possible, which is a type of affirmative defense.

If a person was forced to commit a theft by a government employee, this could be a police officer or another government official, and the theft occurs as a direct result of that pressure, entrapment could be the appropriate affirmative defense strategy. The defendant would admit to the crime, but assert that the government agent made them do so.

Or a necessity defense could be a possibility for some who have been charged with theft in Florida. This type of defense argues that the theft crime was committed in order to prevent a greater harm from occurring, such as a person stealing a life-saving substance for a specific person who would experience life-threatening effects without the medicine.

A Florida criminal attorney may also try to raise the defense of a mistake of fact. This defense argues that the defendant did not intend to steal, but rather believed they had a right to take the property. This could be true if a defendant mistakenly believes that an item they are taking is theirs. Then, their defense team may be able to use a mistake of fact defense.

Choosing the Strongest Possible Strategy

While affirmative defenses are the appropriate choice for some Florida residents accused of theft, they can be difficult as the burden of proof is on the defendant. The defense team needs to be able to prove that there was an excuse or justification. Because of this, having a Clearwater criminal defense lawyer working to build a successful defense is essential. When you or someone you love is facing criminal charges, there are professionals to support you throughout the criminal justice process.

What defense strategy do you believe applies to your situation? An affirmative defense strategy could be useful after a theft charge. Talk through what is possible with an experienced attorney. You want to work with a lawyer who has successfully employed defense strategies for past clients. When you are ready to have a professional legal team building your theft defense strategy, connect with the King Law Group. To get started, schedule your free consultation.

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