If you or someone you know has been charged with shoplifting in Colorado, the situation can be overwhelming and stressful. It’s normal to feel confused and worried about what comes next. You may wonder about the seriousness of the charge and what steps to take. At Hebets & McCallin P.C., we understand the emotions that come with such a legal battle and are here to offer guidance. You don’t have to face this challenge alone. We can help you navigate the legal process and work towards a positive outcome.
Shoplifting charges can have serious consequences in Colorado, ranging from fines to potential jail time. However, it’s important to remember that not every accusation is as clear-cut as it may seem. Several defenses could be available depending on the facts of your case. Understanding these defenses can help you make informed decisions about your next steps.
Mistake of Fact Defense
One of the common defenses used in shoplifting cases is the mistake of fact defense. This defense occurs when a person unintentionally takes merchandise without realizing they are doing so. For example, you may have accidentally placed an item in your bag or forgotten to pay for it while distracted. In this defense, you are claiming that you did not have the intent to steal the item and that the situation was a simple mistake.
For this defense to be successful, you would need to show that your actions were not intentional. This can often involve providing evidence, such as receipts or witness statements, to demonstrate that you didn’t intend to take the item without paying. Mistake of fact is not always easy to prove, but it may be a valid defense if the circumstances align with your case.
Lack of Intent
Shoplifting is defined not just by taking an item but by the intent to permanently deprive the store of that item. If you did not have the intent to steal, then the charge of shoplifting may not be applicable. This defense argues that although you may have taken the item, your actions did not involve the criminal intent to steal.
For example, perhaps you were simply holding an item while browsing, or you intended to pay for it but were interrupted before you could do so. If you can demonstrate that your actions were not motivated by the desire to steal, this could be a solid defense to your case. In Colorado, proving intent is a critical element of a shoplifting charge, so challenging the prosecution’s ability to prove intent can lead to a favorable result.
Insufficient Evidence
Another common defense against shoplifting charges is that the evidence presented by the prosecution is insufficient to prove the crime beyond a reasonable doubt. In criminal cases, the burden of proof is always on the prosecution. If they cannot provide enough credible evidence to support the claim that you committed shoplifting, the charges may be dropped or dismissed.
For instance, if the security footage is unclear or doesn’t show you taking the item, or if there are discrepancies in the store’s inventory records, these could be factors that weaken the prosecution’s case. Additionally, if there were no witnesses to the alleged theft, it becomes more challenging for the prosecution to prove their case. In some situations, insufficient evidence can be the key to a successful defense.
Entrapment Defense
Entrapment occurs when law enforcement or a store employee encourages or pressures you into committing an offense that you otherwise would not have committed. This defense argues that you were coerced into committing shoplifting due to manipulation or deceptive practices.
For example, a store employee may have approached you and tried to provoke you into stealing, or law enforcement may have set up a sting operation that led you to commit a crime you had no intention of committing. If you can prove that entrapment occurred, you may have a strong defense to the shoplifting charge.
Lack of Evidence of Theft
In some cases, there may not be enough proof that the item was taken without payment. To prove shoplifting, the prosecution must show that you took an item and left the store without paying for it. If the item was returned, paid for, or never left the store, there may be no theft involved.
This defense could apply if you took the item to the cashier and intended to pay for it but were stopped by security before completing the transaction. Similarly, if the store made an error and mistakenly accused you of theft, there may be no theft at all to prove. Lack of evidence of the actual theft can lead to a dismissal of the charges against you.
Coercion or Duress
In some situations, a person may commit a crime because they were threatened with harm or faced some form of coercion. For example, if someone forced you to steal an item under threat of physical harm, you might be able to argue that you acted under duress or coercion.
In a coercion or duress defense, you would need to show that you had no choice but to commit the act of shoplifting due to the threats or danger posed by another person. This defense, while not commonly used, can be powerful if there is evidence supporting that you were forced into committing the theft under extreme pressure.
It Was Not Shoplifting
Another possible defense is that what you did was not shoplifting at all. For instance, you may have been attempting to return an item without a receipt, or you might have been given permission to take the item without paying. In these cases, the essential element of “theft” is missing. If there is no proof that you intentionally took the item with the intent to steal, the charge may be challenged.
For example, if a store employee had already approved your actions or if there was an issue with how the store handled the merchandise, it may be a defense against a shoplifting charge. Every shoplifting accusation is different, and sometimes what may initially seem like theft is a misunderstanding.
Why It’s Important to Have Legal Representation
Facing a shoplifting charge in Colorado can be frightening, especially if you have no prior criminal history. Even though some of these defenses may seem straightforward, presenting them effectively in court requires a strong understanding of the law and the courtroom process. An experienced attorney can help you gather the necessary evidence, build a solid defense, and represent you effectively throughout your case.
When you face charges, having someone on your side who knows the ins and outs of Colorado law is crucial to ensuring the best possible outcome. At Hebets & McCallin P.C., we understand the complexities of criminal defense and are committed to providing the support you need. We can help you navigate the legal system and explore all possible defenses that apply to your case.
If you are facing shoplifting charges in Colorado, don’t hesitate to reach out to us for help. We are here to offer guidance and support throughout every step of the legal process. Let us work together to build the strongest defense possible and work towards a positive resolution. Your future is important, and we are here to help you protect it.