When defending a West Palm Beach shoplifting defense, a lawyer will first determine what was taken, whether it was a necessity, such as food or school supplies, or whether it was something else. An attorney will attempt to understand the degree of sophistication in which the item was taken, such as whether the person decided to throw something in their bag or stroller, or if they went to great lengths to conceal what they were doing.
A West Palm Beach shoplifting lawyer will examine the circumstances of the charge and the individual’s level of deception, will look at the value of the item and whether the store was actually deprived of the item, and many other elements when determining any appropriate defense strategies that may be present in an individual’s West Palm Beach shoplifting case.
Building a Defense
An attorney will determine what damages were inflicted by the conduct. It is their job to mitigate those actions and prove that the individual did not do what the prosecution said they did. This can happen when a lawyer indicates that the value of the item was either very small, or the individual needed the item for their health or well-being.
It is a major strategy in a West Palm Beach shoplifting defense strategy to explain the client’s character, perhaps discuss them getting help, explaining their conduct, why they did what they did, and any other sort of motive behind it. An individual can indicate, for example, that maybe the person is a licensed professionally, has never been in trouble in their life, and should not be penalized for any action that they are being accused of.
When putting together a defense, an attorney is looking to find answers to any questionable conduct. That way, they can assure a prosecutor and judge that the conduct has been addressed and that any and all steps are being taken to ensure that that conduct does not happen again.
Uniqueness of a Shoplifting Charge
Shoplifting differs from other theft-related offenses in that it has to involve a merchant. Stealing something from a person’s house is not considered shoplifting, but if an individual is in a store and walks out with a piece of jewelry, it is considered shoplifting. Shoplifting has to be something taken from a merchant or some type of business establishment. It differs from other theft-related offenses because of the fact that it is a bit less personal. This is a critical element that must be taken into consideration when building a shoplifting defense strategy in West Palm Beach.
If an individual takes something from a department store, it is simply an item that they need to sell. However, if a person takes something from a party, that item may have sentimental value. With a store, they will often make money anyway, but if an item is taken from a person, they may be much angrier and driven to get their item back. Depending on the severity of the situation, an attorney can build an accurate defense strategy against a West Palm Beach shoplifting charge.
Severity of the Defense
Shoplifting and theft are generally the same crime, however, the defense would differ depending on who the alleged victim is, the value of the item taken, and whether or not the person had the ability to pay it all back. Much of the difference lies in where the item was taken from. A store will often get their item back, whereas a person may not be able to get their property back.
The defense differs in the sense that the individual is dealing with a person’s personal feelings where they may feel personally violated. The crime becomes more vindictive in that sense. It is much more difficult to handle an individual that is angry with the accused individual and demanding a severe punishment as opposed to a major company.