Defendants accused of an auto theft offense should be aware of the serious penalties they could face if convicted. Since an auto theft offense is automatically considered a third-degree Felony, an accused person could be facing jail time along with other consequences following a conviction. Given this circumstance, it is imperative that you get in touch with a qualified auto theft attorney from Leifert & Leifert if you have been charged. Schedule a consultation today to get started on building a Ft Lauderdale auto theft defense today.
Strategies Used for Building a Defense
Consent is one of the most commonly used defense strategies when it comes to auto theft charges. For example, an individual may report their vehicle stolen when they may have actually given someone permission to use the vehicle. The attorney could also try to establish facts and circumstances surrounding the defendant having possession of the motor vehicle. In an attempt to do so, the attorney may try to gather evidence that may prove to be beneficial to the Defendant’s case.
What Does the Prosecutor Need to Prove in Auto Theft Cases?
A Prosecutor needs be able to prove that a Defendant permanently or temporarily deprived the rightful owner of their automobile. This should be proven to the exclusion of reasonable doubt. Failure to do so could be favorable for the Defendant and their auto defense attorney. It is important to contact a lawyer for help with building a Ft Lauderdale auto theft defense in an effort to deter the prosecution from proving an auto theft occurred.
Initial Steps an Attorney Takes When Building a Defense
An auto theft lawyer may interview the Defendant as early as possible to obtain crucial details of the case. The lawyer may then review police reports establishing whether police procedures were filed properly and within constitutional safeguards. They would also identify any diversion programs available that could result in the dismissal of an auto theft charge. The lawyer then considers taking depositions of the witnesses involved in the case to file pretrial motions to suppress or exclude evidence from the prosecution.
Probation or Reduced Sentencing Options
Most Felony charges carry at least 12 months of probation. Common sentences in Ft. Lauderdale include a probationary period of 18 months. However, there is no guarantee that someone with an auto theft charge faces that amount of probation. It may depend on an individual’s record and any damages done to the vehicle. Other factors include the length of time the person possessed the automobile and how the vehicle came into their possession. All of these factors are taken into consideration when determining the appropriate period of probation or other sentences.
If the charge remains a Felony, then Felony probation could follow as a result of a conviction. However, certain charges can be reduced to Misdemeanor probation.
Ways Auto Theft Differs from Other Theft-Related Offenses
An auto theft defense does not differ much from other theft-related defenses. Consent usually comes into play more often in an auto theft case than in other types of theft-related cases. The main difference between auto theft and other theft-related offenses is that auto theft is automatically considered a third-degree Felony. For other-theft relates offenses, the value of the item(s) that was taken is considered when determining where the charge should be a Misdemeanor of a Felony offense.
A Ft. Lauderdale Attorney Could Build Your Auto Theft Defense
One of the main benefits of hiring an auto theft attorney is that you would be working with someone who is experienced in minimizing the gravity of the charge. An attorney could motion to dismiss or negotiate a reduced sentence. If these methods are not reasonable given the circumstances of your case, our lawyers at Leifert & Leifert could work on a fair resolution to your case involving a minimal period of probation. To get started on building a Ft Lauderdale auto theft defense, contact us to schedule a consultation today.