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With respect to defenses and theft cases, again, the lack of intent is very, very important any good criminal defense lawyer is going to play up that as strongly as possible and assert that defense. My client simply didn’t have the intent, he didn’t know, it was an accident; it wasn’t willful. Any misrepresentation was strictly and accident. Any taking of property was a mistake that would be one defense.
The other defense, again, is identity. It wasn’t me it was somebody else. A third defense although it’s rarely used, is one of duress. Somebody made me do this; I was forced to do this by Mr. X or Miss Y that would be another defense. Any defense that attacks the notion or the claim or element of intent is a defense any good criminal defense lawyer would want to assert.
Eden Prairie criminal defense attorney Martin Azarian discusses how you can defend yourself in a theft case.