If you or a loved one stands accused of having committed a theft, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, our 22 years of legal experience can be used to protect your rights. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how prosecutors handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Louisville area or anywhere in Kentucky, theft encompasses a variety of different methods of unlawfully taking property, services, or even an identity that belongs to another. The severity of the crime of theft largely depends on the value of the thing that is unlawfully taken.
The Kentucky Penal Code recognizes the following types of theft:
♦ Theft by unlawful taking (KRS § 514.030);
♦ Theft by deception (KRS § 514.040);
♦ Theft of services (KRS § 514.060);
♦ Theft of communication services (KRS § 514.065);
♦ Theft by extortion (KRS § 514.080);
♦ Theft of labor (KRS § 514.090);
♦ Receiving stolen property (KRS § 514.110);
♦ Theft of Identity (KRS § 514.160).
Possible Defenses for Theft
“Intent” is a central and vital element of most theft charges. Often times, the property is transferred lawfully to a person, who is then later accused of having unlawfully retained the property. However, if there was no intent to take or retain the property, it may be difficult for the Commonwealth to prove a theft.
There are other defenses that may apply. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced lawyer to defend you in a criminal mischief case in Louisville, Jefferson County, or across Kentucky.
Call us at 502-208-5170 in the Greater Louisville area and across the state of Kentucky.
For an initial consultation with a Louisville criminal law attorney, contact Pearson & Paris. We represent clients throughout Jefferson, Oldham, Shelby, Spencer, and Bullitt counties in such cities as Louisville, St. Matthews, Lyndon, Prospect, Anchorage, Hurstbourne, Middletown, Jeffersontown, Shively, Crestwood, Goshen, Buckner, La Grange, Simpsonville, Shelbyville, Mt. Washington and Shepherdsville.