Theft charges often lead to complex criminal proceedings because of the range of potential defenses and the possibility of violations of your constitutional rights. At Ellis Hinton, LLC, our defense attorneys use their years of experience in both state and federal prosecution to help clients navigate their theft cases with confidence.
An Anderson theft lawyer from our firm will prioritize delivering an honest evaluation of the likely outcome of your case. With this foundation, they can provide a personalized case strategy to address your unique goals and concerns. Our firm is ready to help you learn more about the different possible theft charges and how our lawyers can advocate for you in court.
Under state law, theft charges can have a variety of names and punishments. The type of property, the amount stolen, and the method of taking it can all impact the specific charge a prosecutor files.
Most theft cases involve charges for either petit or grand larceny under South Carolina Code § 16-13-30. Petit larceny applies to the theft of property valued at $2,000 or less. It is a misdemeanor offense with a punishment that includes a $1,000 fine and 30 days in prison. Theft of property valued over $2,000 is grand larceny and is a felony. Conviction will result in a fine at the court’s discretion and a prison sentence of five years. The prison sentence can increase to 10 years in cases where the value of stolen property is $10,000 or more.
Different charges may also apply for theft involving specific items or circumstances. This includes:
These charges can have varying consequences ranging from misdemeanor to felony convictions with corresponding punishments assigned under S.C. Code § 16-1-20. A knowledgeable Anderson lawyer can help you understand the charges you face in your theft case and craft an appropriate defense strategy.
Every defense requires a review of the charges and evidence against you. Theft cases are often complex, with the potential for multiple perspectives and reasons why you were allegedly in possession of stolen property. The most common defense in such cases involves arguing that the defendant did not steal the property but instead obtained it lawfully. A lawyer might be able to show that a defendant had a right to possess the property either through their ownership or through the consent of the actual owner.
Beyond claims such as those of lawful possession, defenses may also be available to either reduce or dismiss theft charges. These arguments might center around disputes over the value of an item or whether the defendant had the intent to steal it. There might also be potential defenses based on the state’s violation of criminal procedure requirements or a defendant’s constitutional rights. For example, law enforcement officials might have obtained evidence through an unlawful search and seizure because they did not have adequate probable cause. Our Anderson lawyers know the right questions to ask to identify these issues in a larceny case and how to determine the likely success of this defense in court.
At Ellis Hinton, LLC, we are proud to provide clients with the personalized approach of a small firm while maintaining the resources and skills of a large firm. Based in Greenville, servicing SC and beyond, we are here to help you or a loved one facing charges for theft or other unlawful taking of property. Contact our office today to schedule a free consultation and find out how an Anderson theft lawyer can help with your case.
(864) 775-5775