Building a Richmond Auto Theft Defense
Auto theft might not seem like a serious charge because it is a non-violent crime, but depending on the value of the vehicle stolen, it may count as a felony offense. That means that the penalties for the charge could be significantly higher than they would be otherwise. A felony conviction can have serious consequences your professional and personal life and can result in the loss of certain freedoms and liberties. With so much on the line, it is vital that you consult a skilled auto theft attorney in order to begin building a Richmond auto theft defense. Contact a theft lawyer that can advocate for you.
Auto Theft Offenses
As far as auto theft is concerned, since it is in the realm of the felony theft, it is going to be lower on the totem pole than some of the more aggressive theft charges. As far as theft and petty larceny, which is not a felony, something small is not going to be aggravating. Auto theft is essentially the same as a petty larceny. There is nothing dangerous about auto theft, as opposed to a carjacking where there is a threat, the use of intimidation, force, fear, guns, knives, or weapons.
Auto theft also may not be as severe as another theft charge such as a robbery where an individual is stealing something that, while it may not be in a car, there is still that element of threat, force, intimidation, or fear of bodily injury that can lead to someone possibly getting hurt or somebody actually getting hurt. While carjacking is still a serious felony charge, it is not going to carry some of the heinous results that could come from the more violent crimes or theft offenses. That being said, building a Richmond auto theft defense is still important, no matter how severe or mild the offense may seem.
Prosecution and Defense of Auto Theft
When the prosecution is dealing with theft, generally, they will try to prove that an individual stole something. When the prosecution is dealing with auto theft, they are trying to say that an individual stole a vehicle. Then, it is all going to come down to how the defendant managed to do it.
Approach a Defense Attorney Might Take
When a defense attorney is building a Richmond auto theft defense, they will also discuss how it happened, but they will also focus on the identity of the defendant. Mainly, how the prosecution identified the defendant as the person responsible for the theft. It is important that the auto theft attorney questions how the prosecution came to that conclusion, and what the existing evidence is.
Whatever the case may be, it is always going to break down, when someone is at an auto theft crime, to identify, identity, and identity and, every now and again, the intent to permanently deprive. In certain situations, it can be changed from an auto theft to an unauthorized use if they cannot prove that the taking was done with the intent to permanently deprive the owner of the vehicle as opposed to just temporarily depriving the owner of the vehicle for joyriding experience.
Initial Steps When Preparing a Defense
Just like any other case, when building a Richmond auto theft defense, the attorney will want to speak with the accused individual and get to the truth of what happened. That knowledge can guide the approach that the defense lawyer may take, and determine whether the attorney should take a defensive or offensive approach to the case. In this instance, a defensive approach would mean keeping the Commonwealth from proving certain elements of the crime. An offensive approach would be one where the defense attorney tries to provide a legal justification for the offense. If someone has been charged with auto theft, it is important for an individual to consult a skilled theft attorney that is willing to dig through all of the existing physical evidence and testimony, in order to attempt to build a solid defense for the defendant.
