Theft Charges and Claim of Right
If a person who is charged with amisdemeanor/ felony theft related crime actually believes that he or she has a right to the property even if that belief is mistaken or unreasonable, such belief may be a defense to a theft charge For instance, a charge of larceny which requires an intent to steal cannot be found on what turns out to be a careless taking away of another person's goods. In a classic criminal theft case, the appellate court reversed the defendant's larceny conviction where the defendant landlady believed she was entitled to take the tenant's property for cleaning fees even though her belief was unreasonable. If you are arrested or charged with a theft related crime, contact Christine McGuire, the Santa Cruz Criminal Defense Attorney/Lawyer; Santa Clara County Criminal Defense Attorney/Lawyer.