An allegation of theft, even if the property involved is of minimal value, is a serious matter. Theft is a "dishonesty" offence and thus has the potential to cast a lasting reflection on the character of an accused person if they are convicted.
At Lyons and Lyons, our criminal lawyers have a combined experience of forty years in protecting our clients in relation to theft charges. We pride ourselves on establishing a caring relationship and take the time to fully understand your matter and the relevant surrounding circumstances in order to obtain the best possible outcome for you.
Theft involves taking an owner's property without the owner's consent with the intention of permanently depriving the owner of the property. The penalty for theft is up to five years imprisonment and/or a fine of $110,000.
Other "offences relating to property" include additional aggravating elements, for example robbery (which involves a threat or use of force), breaking and entering, theft of motor vehicles and offences involving fraudulence or deception. These offences come with higher penalties.
In common with other criminal charges, theft charges may involve police questioning, arrest, custody and bail applications.
An arrest for theft can be a distressing event and it is important that the accused has the immediate support of legal counsel in dealing with police, particularly where the accused is vulnerable, for example by reason of their age or ethnicity. You are within your rights to require that your lawyer is present during any questioning.
From our Sydney offices and satellite offices on the Central coast, we are able to travel to represent our clients across the State at short notice.
Often our first contact comes from a family member. Subject to your instructions, we are also able to reassure family members and ensure that they fully understand the legal issues surrounding your case.
An early step will be to apply for bail on your behalf. Such an application should be successful except in exceptional circumstances, however it is important to secure bail on favourable conditions.
If you contest the charge, we will utilize our extensive trial experience in all courts of New South Wales to secure your acquittal. We have previously successfully defended theft charges on grounds related to wrongful arrest, wrongfully obtained confessional evidence and wrongful searches and have successfully challenged identification evidence such as video recordings, fingerprint and DNA evidence.
If you do not intend to contest a charge we will put your case before the courts in its best possible light. Alternatively it may be appropriate to plead to a lesser charge.
Courts have the option to dismiss a charge or to discharge you on your entering into a bond or undertaking. We have successfully avoided our clients' convictions in many cases on this basis, thus protecting our clients from reputational damage.
If you have been charged with theft, it is critical to obtain the best legal advice at the earliest possible occasion. Our criminal law experts are available to assist you. Please contact them by calling Lyons and Lyons on 02 9387 7699.