If you've been charged with theft, it can feel like the weight of the world is on your shoulders. But take a deep breath—things might not be as grim as they seem. Everyone makes mistakes, and every situation is unique. It's important to remember that facing a theft charge doesn’t mean you’ll be convicted. There are several common defenses to theft crimes, and with the right legal guidance, you can explore the best path forward for your circumstances.
What Is Theft Under Wisconsin Law?
Before jumping into defenses, it’s important to briefly understand what “theft” means. Under Wisconsin law, theft happens when someone intentionally takes property that doesn’t belong to them without the owner’s consent, intending to permanently deprive the owner of it.
The specifics of theft law can vary, but generally, charges can range from misdemeanors to felonies depending on the value of the property and other factors.
If you’re facing a theft charge, you’re likely experiencing a whirlwind of emotions—embarrassment, fear, or perhaps uncertainty about where to even begin. That’s perfectly normal, and it speaks to why forming a solid defense is so critical.
Common Defenses to Theft Crimes
While every situation is unique, here are a few defenses that may be applicable to your case.
1. Lack of Intent
Theft charges hinge on intent. To be convicted of theft, prosecutors must prove that you intentionally took someone else’s property with the intent of depriving them of it permanently.
Here’s where intent matters most:
- Did you mistakenly take something you thought was yours?
- Did you borrow the item but fully intended to return it?
If intent isn’t clear—or if your actions suggest something other than permanent theft—this could be a strong basis for your defense.
Think of it this way—accidents happen! Picking up the wrong backpack at school or borrowing an item from a friend without realizing they’d see it as theft can lead to misunderstandings. And in these cases, a lack of intent might be a powerful defense.
2. Permission Was Granted
Sometimes, a theft case boils down to a misunderstanding. If the alleged victim gave you permission to take or use the property and later changed their mind, you may have a valid defense.
For example, imagine a friend loaned you a piece of equipment or gave you their car to use for a week. If they later reported it stolen due to miscommunication, you could argue that their initial consent absolves you of wrongdoing.
3. Ownership Disputes
Property ownership isn’t always black and white. If you genuinely believe the property in question belongs to you—or if you have a legitimate claim to it—this could serve as a defense.
This is especially common in situations involving joint property or disputes between family, roommates, or business partners. Proving a reasonable belief that the item was yours may shift the dynamic of the case entirely.
4. Coercion or Duress
If you were forced or threatened into taking the property, this is known as “duress.” For example, if someone threatened harm to you or a loved one unless you stole an item, that context is crucial and can form the basis of your defense.
It’s important to bring this to light because no one should be held fully accountable for actions taken under serious threat or coercion.
5. Mistaken Identity
Theft charges often rely on eyewitness accounts or circumstantial evidence, which can sometimes be unreliable. If mistaken identity plays a role, it could open the door to reasonable doubt in your case.
Perhaps surveillance video is blurry, or descriptions of the suspect don’t match your appearance. If there’s room for uncertainty, your attorney can challenge the prosecution’s evidence and witness reliability.
6. Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they otherwise wouldn’t be inclined to commit.
For example, imagine an undercover officer encouraging you to take something under circumstances that would not have otherwise motivated you. If this led to your charge, you may be able to claim entrapment as a defense.
7. Insufficient Evidence
The legal system requires that prosecutors prove your guilt beyond a reasonable doubt. If there are gaps in the evidence against you—whether it’s unclear witness testimony, lack of video footage, or weak arguments tying events together—your case may lack the level of proof required for conviction.
This doesn’t mean you’re guaranteed to walk free, but it does mean the burden of proof is on the prosecution, and your defense attorney can work to challenge these weak points.
Why Legal Representation Matters
Facing a theft charge can feel isolating, but you don’t have to go through it alone. Legal experts who specialize in criminal defense and theft cases can evaluate the specifics of your situation and determine the most effective defense strategy for you.
An experienced theft attorney doesn’t just fight for your rights—they provide the guidance, reassurance, and expertise needed to help empower you throughout the process.
Take the First Step With a Milwaukee Theft Lawyer
No one plans to face theft charges, but when it happens, the path forward is shaped by the choices you make today. The good news? At Ritter Law Office, LLP, we’ve helped countless individuals in Wisconsin see brighter days after challenging moments. We believe that mistakes don’t define you—and that everyone deserves to be treated with respect and understanding.
If you’re ready to explore your options and build a strong defense against a theft charge, contact us today. We’re here to listen, guide, and help you move forward. Call us at (414) 441-4321 now.