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Tag: Theft

Understanding the Crime of Aggravated Theft

October 3, 2018
Understanding the Crime of Aggravated Theft

On the evening of October 16th, 2017, the police in Texas arrested two suspects for the criminal offense of aggravated theft. The target of theft was a Samsung S-7 mobile phone where the thieves were armed with knives. The police investigators on the raised suspicions and through the evidence that was provided did identify and arrest the named suspects through the help of a surveillance footage. They were grounded on the suspicions of the criminal offense. The prosecutor interviewed the procedures on the two suspects and imposed a police custody.

There are many cases of aggravated thief that are reported day in day out. At times we just call it theft, robbery or burglary. At the end of the end, this remains a felony.

How do you know it’s a felony?

A theft of property is considered aggravated if accompanied by the following aggravating factors;

  • Use of a weapon in the commission of the crime and to be specific, deadly weapons.
  • Threats or intimidation relating to the crime.
  • If it is a gang or crime related theft.
  • Where it is a theft of a high-value asset or property or
  • It’s a theft of police or government property

This kind of theft is very serious in the judicial system. It bears serious consequences. A defendant who is found guilty of aggravated theft is sentenced to at least one year in prison alongside fines and also a permanent felony record. Being convicted of aggravated theft affects permanently or even temporarily your individual legal rights. It affects your;

  • Voting rights,
  • Driving privileges,
  • Rights to serve on any jury and even
  • Gun ownership rights.

After you have been arrested on the grounds of Aggravated Theft, does it mean you can’t do anything? This is the point where you immediately hire a criminal defense attorney. These have the experience and legal knowledge on how they will deal with such cases. They understand the seriousness of your cases and will know where to dispute and where not to.

Depending on other evidence presented before a court of law, the criminal defense attorney will advise you on how you are supposed to plead. It is a scenario where you can easily find yourself on the wrong side of the law. A criminal defense attorney is the only real friend that you can trust in such a time. They have won similar cases and you might be the lucky one this time especially where you defense attorney has good relations with the jury.

Depending on how the aggravated theft has been categorized, there are possible defenses. It is possible that the defendant was intoxicated or at the time of the crime he/she was not of sound mind. It is also possible that the defense of duress was used in the case where the defendant was forced or even threatened to commit the crime. You are likely to walk free or with minimal penalties if you happen to provide proof of intoxication or duress.

The type of defense which the criminal defense attorney will use will, however, depend on the crime itself. It will also depend on the circumstances that led the defendant into committing the crime. It is therefore very important to source for intelligent and qualified criminal defense lawyers who will understand every aspect of your case.

As much as the aggravated robbery has very serious consequences. It is also very difficult to defend in a court of law. You can only be sentenced after you plead guilty or when you have been identified as the robber. Most experienced criminal defense attorneys will attempt to challenge the identification process. They discredit the eyewitness testimony as inaccurate. Most other similar cases fail to succeed due to lack of enough evidence that ought to link the crime perpetrator to the crime itself. These cases also frequently get in the direction that the defendant believes they were the rightful owner of the property and theirs was simply an act of retrieving it. It is therefore very important to hire a criminal defense attorney lest you find yourself a victim.