When a Georgia resident is accused of committing a crime, many people take it for granted that the accused must have committed the crime in question. However, false accusations and misunderstandings are very common in criminal law, which is why the accused is always entitled to a criminal defense.
For example, to prove theft, there are a number of elements that must be proven and a number of defenses also exist for it, which an experienced attorney can prove in a court of law.
It’s important to keep in mind that even if the underlying taking took place, it is possible that an accused may be able to defend his or her actions. First of all, if the person who is accused of taking something can prove that they had a good faith belief that the property was either theirs or they had a valid claim to it, they might be able to defend themselves. However, it is not enough to just prove that the person thought it was theirs, it has to be supported with evidence.
If the person was intoxicated at the time the taking took place, this could be used as their defense. Whether it was intoxicated by virtue of drugs, alcohol or chemicals, intoxication means they are unable to form the intent to steal something. For example, if you were too drunk to notice the leather jacket you took was not yours, it might be a possible defense for your actions.
Other defenses, such as returning property or entrapment, can also be utilized by a skilled defense attorney on the accused individual’s behalf. It is important to keep in mind that one has the right to present one’s side of the story in court, and there are defenses available. Consulting an attorney is one of the accused party’s constitutional rights and should be availed.