Defence For Charges Of Theft Or Robbery
Theft and robbery both involve crimes against other people's property. When you come to Bernstein Law Group with a theft or robbery charge, our lawyers will discuss the particulars of your case, then discuss your options. Depending on your record and the evidence against you, your options may be very wide, or very limited.
Theft: Over And Under $5,000
Theft is treated very differently depending on the value of the goods taken. If the value is less than $5,000, it could be treated as a summary offence and you may be able to avoid serious consequences. If it's over $5,000, you could be looking at up to 10 years in prison.
There may be a variety of ways to deal with your charge.
Even if there is solid evidence against you, if this is your first offence, you may be able to get into a diversion program in which the charges are withdrawn if you go through a theft prevention course.
Robbery can include mandatory minimums in certain circumstances. This means that the judge will not have a choice about sending you to prison if you are found guilty or plead guilty.
Often our approach focuses on getting the weapons charge removed, so that your charge can be treated as a theft and give us more flexibility. Whether we can do this will often depend on what kind of weapon was used and how it was used.
The Circumstances Of Your Arrest
Often your case will depend on how the police acted during the investigation and arrest. Even if the evidence is strong, if it was obtained improperly, it cannot be used against you. Evidence against you may include:
- Witness statements: Eyewitnesses do not always remember events accurately, especially if the events happen very quickly.
- Your own statements: Even if you have given incriminating statements, they cannot be used against you if obtained improperly.
- Property: There may be a number of reasons why you have certain property in your possession.
- Surveillance footage: This can sometimes be favourable to your case — but if it isn't, we may still be able to find ways to make it less incriminating.
We will let you know the strengths and weaknesses of your case. If your best alternative is to plead guilty, we will find a way to protect you from excessive negative consequences.