Compassionate And Accessible Legal Advocacy For Alabama

Potential defenses to theft charges in Alabama

On Behalf of | May 3, 2024 | CRIMINAL LAW - Drunk Driving

Facing theft charges can be a serious matter with potentially severe consequences. However, individuals accused of theft have legal rights and may have viable defenses to challenge the allegations against them. 

Understanding these potential defenses is crucial for anyone navigating the legal system in Alabama.

Lack of intent

One common defense to theft charges is demonstrating that the person accused had no intention of stealing something. If it is possible to show that they believed they could have the item or property, or if they did not intend to deprive the owner of it permanently, it could undermine the prosecution’s case.


Another defense involves proving that the alleged victim consented to the defendant’s actions. If the property owner willingly permits the defendant to take or use the property, it can negate the element of theft.

Mistake of fact

A mistake of fact defense involves showing that the defendant had a mistaken belief about property ownership or other relevant circumstances. It could serve as a defense if the defendant reasonably believed they had a right to the property based on a misunderstanding.

Claim of right

Under Alabama law, individuals may have a defense if they genuinely believe they have a legal claim to the property, even if that belief was mistaken or unreasonable. This defense can be complex and requires demonstrating the defendant’s sincere belief in their right to the property.

Facing theft charges in Alabama is a daunting experience, but defendants have legal options and potential defenses. By understanding these defenses and working with a professional, individuals accused of theft can effectively protect their rights and pursue the best possible outcome in their case.