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Property Crimes: Not Something to Take Lightly
During any discussion of crime, the difference between violent and property crimes always comes up. In most cases, the latter is discussed as if it’s a minor issue and far less serious than violent offenses. However, allegations of these crimes frequently result in felony charges. That’s why it’s imperative to understand the legal strategies for defending property crimes.
Unfortunately, it can be challenging to navigate the system when facing criminal charges of this type. Colorado has some of the most extreme punishments for property crimes on the books, including potential sentences of up to 24 years for felony theft. Fortunately, many of the strategies for overcoming these charges are the same regardless of the underlying allegations.
Lack of Intent
In order to secure a conviction, prosecutors must prove that the defendant had intent to engage in criminal activity. This doesn’t mean a person can get off if they didn’t know what they were doing was a crime. Rather, it means that there was no intent to engage in the specific behavior that falls under the Colorado criminal code.
For instance, not putting out a cigarette all the way can lead to a fire. However, such an act would not constitute arson if the individual in question did not intend to start the fire. Overcoming property crime allegations is also possible by showing the defendant believed they had a right to the property in cases of theft (e.g., reclaiming what they thought was theirs).
Of course, not all property crimes are related to theft — but showing a lack of intent can overcome even the most serious charges.
Mistaken Identity
Did you know that eyewitness testimony is one of the most unreliable forms of evidence in the criminal justice system? Many people are surprised to learn this, but studies consistently show that this is the case. This is why claims of mistaken identity remain one of the most common legal strategies for property crime defense.
This can be done in various ways. Challenging eyewitness testimony or surveillance footage is one approach. Perhaps the alleged crime occurred in a dark or crowded place where it was difficult to identify specific individuals. It’s also common to present alibi evidence that shows the defendant was elsewhere during the commission of the crime.
Mistaken identity is a major contributor to false allegations and wrongful convictions. Put simply, eyewitness testimony and surveillance footage do not guarantee a conviction.
Constitutional Violations
America’s prison system is packed with innocent individuals. However, it’s also the case that many individuals commit crimes and never face criminal penalties. Skillful and experienced attorneys can often help their clients avoid convictions – even if the evidence is clearly against them – by proving that constitutional violations occurred.
For instance, illegal searches and seizures violate a person’s Fourth Amendment rights. Coerced confessions and a lack of Miranda warnings are also common violations. Unfortunately, many people choose to represent themselves in these situations. They assume that merely mentioning the violation in court will secure their release.
However, this is highly unlikely. For instance, did you know that a lack of Miranda warning is not a violation of constitutional rights unless the police engage in an interrogation? Many people learn this the hard way when they bring it up in court. Once this blows up in their face, they’re just standing there without legal representation. This is why legal counsel is critical.
Consent of the Property Owner
The average person could likely list dozens of property crimes off the top of their heads. Anything from shoplifting to burglary falls into this category. However, many of the lesser crimes (e.g., trespassing, theft) involve a conflict between two individuals. In these cases, one of the most common legal strategies for defending property crimes is to claim consent.
For instance, a person accused of trespassing could show that the property owner actually invited them. Similarly, an individual facing theft charges may be able to prove that an item was given or loaned to them by the accuser. Establishing this defense is typically done by providing texts, emails, eyewitness testimony, or voicemails.
Crime Committed Under Duress
There’s no such thing as an “open and shut” criminal case. However, there are certainly instances where the evidence clearly proves the defendant committed a crime. However, this still doesn’t necessarily mean they’re guilty under the law. One example is when a person engages in criminal activity due to coercion or duress.
There are certain elements that must be proven to support this defense:
- There was an imminent threat of harm or death
- The defendant believed the threat was real
- There was no way to escape the threatened harm in a reasonable manner
Proving guilt is the burden of the prosecution. This means that a defendant doesn’t even have to present a case. They can simply claim that the prosecutor didn’t prove guilt beyond a reasonable doubt. However, it’s typically wise to present a defense – particularly if coercion or duress were involved. This legal strategy for property crime allegations could help avoid a conviction.
Do You Need an Attorney?
After an arrest, far too many people decide to forego legal representation. There are a variety of different reasons behind this. In some cases, the individual simply believes that the evidence will prove their innocence. In other situations, people assume the exact opposite – that the evidence against them is so damning that a plea deal is the best outcome they’re going to get.
In reality, these assumptions are very often untrue. Those who believe they’ll be exonerated are often surprised to learn that at least 1 in 20 incarcerated individuals are actually innocent. And for those who think a conviction is unavoidable, the reality is that there are legal strategies for defending property crimes that can overcome the most damning evidence.
Put simply, having a lawyer on your side is critical. At Daniel M. Murphy, P.C., you’ll work with a property crime attorney who will tirelessly advocate for your best interests. Contact us at 303-395-5293 to schedule your free consultation.
