Facing charges of larceny is going to have a big impact on your life. It could impact your job, your personal life and your future prospects as well. With the help of an expert theft crime lawyer you can build a defence and get the best possible outcome so you can move past it and get on with your life.
Options in court
Larceny is the act of taking someone’s property with no intention of returning it and without their permission. When you head to court if you plead not guilty the prosecution then have to do the following;
- Prove that you were the one that took the property and carried it away from the owner.
- Prove that the property in question did belong to someone else and not you.
- Prove that the owner of the stolen property did not give you permission at any time to take it
- Prove to the court that you never intended to return the property back to its owner
- Prove that there is no case for you to use the defence based on the claim of right
- Prove that you took the property in a dishonest manner
If you and your auto theft lawyer think that the prosecution is not going to be able to prove every point above, beyond any reasonable doubt, then you could enter a plea of not guilty.
Using experienced criminal lawyers
When you use knowledgeable and experienced lawyers who have a great track record with winning larceny cases you have the best chance for the case to go as well as it can. They might even be able to get the charges dropped if they can find gaps in the prosecution’s case. For example, you might have a claim of right to the property, you might not actually have acted dishonestly, there might have been some duress, there might have been a need, mental illness might be a factor or you might have proof there was consent all along.
If you plead guilty in court
It means you accept responsibility for the charges and you then continue to the sentencing part of the process. If you plead guilty from the start that might help as it shows you are acting in a responsible manner. It could lead to a more lenient sentence or penalty. Talk to your theft crime lawyer about what is in your best interests. The maxim penalty if you plead guilty depends on the value of the property stolen. Under $5000 the max is 12 months in prison or up to $5,500 in fines, or both. Property stolen that is worth more than $5000 gets a max of 2 years in prison or/and a $5,500 fine.
Most cases are held in local courts. If yours is held in a District court becuase it is more serious then the prison time could go up to 5 years. It is important to know though that the prison term is a last resort in most cases. Other penalties apart from prison and fines you might face with a good auto theft lawyer include,
- Section 10 dismissal
- Conditional release order
- Community Correction order
- Intensive Correction order
Bio – McNally & Gleeson Lawyers is a leading Melbourne criminal law firm. Established in 1994, and formally Michael J Gleeson & Associates, we specialise in all police and criminal matters and pride ourselves on our persevering commitment to our clients. We represent our clients in police and criminal charges from bail applications through to plea hearings, contested criminal trials and final appeals.