Three Defense to Shoplifting and Home Invasion Charges

Michigan Criminal Defense Lawyer Patrick S. Fragel provides skillful representation on felony and misdemeanor theft charges in the 86th District Court and the 13th Circuit Court. If you are caught-up in a theft charge such as retail fraud – shoplifting and home invasion, Patrick Fragel will provide a defense strategy to protect your rights. With 20 years experience, and a distinguished rating from Martindale-Hubbell, Attorney Fragel knows how to build a successful defense against criminal charges in Traverse City, Michigan.

Defenses to Larceny, Shoplifting and Home Invasion

Certain theft offenses in the 86th District Court carry a potential prison sentence as the punishment. Traverse City Criminal Defense Lawyer Patrick S. Fragel has aggressively defended clients charged with felonies such as Larceny, Fraud, Embezzlement, shoplifting and home invasion. Many of these Clients have been spared lengthy prison terms due to the defense strategy designed by Attorney Patrick S. Fragel. Michigan law recognizes various defenses to a theft offense, such as:

  • Alibi Defense: Larceny, shoplifting and Home Invasion charges can be defended with an alibi defense. The prosecutor must prove that the Defendant was actually there when the theft was committed. The Defendant does not have to prove his alibi – it is the Prosecutor’s job to prove guilt – the Defendant does not have to prove his innocence. If you are charged with larceny, fraud, burglary, shoplifting and home invasion, there must be evidence to prove that you were present when the theft occurred. If the Jury has reasonable doubt about whether the Defendant was present when the alleged theft was committed, they may find him NOT GUILTY.
  • Claim of Right to The Property: To be guilty of shoplifting and home invasion, a person must intend to steal. An effective strategy is to convince the Jury that the Defendant took the property because he had a “claim of right“ to it. If the Defendant took the property honestly believing it was legally his then the defendant did not intend to steal and verdict may be NOT GUILTY.
  • Mistake or Lack of Intent: In Retail Fraud – Shoplifting cases, a shopper may have left the store without knowing they had merchandise that was not paid for. For example, if you forget to clear the bottom of your shopping cart, and while in the parking lot, discover you did not to pay for the merchandise, you did not “intend to steal”. . If the Defendant convinces the Jury that they took the merchandise by mistake, then the verdict should be NOT GUILTY

There are many defenses to theft offenses such as shoplifting and home invasion, burglary, embezzlement or larceny. The best defense will depend on the facts of your individual case in the 86th District Court. As a former Prosecutor and experienced Criminal Defense Lawyer, Patrick Fragel has in-depth knowledge of Michigan criminal law and courtroom procedure. Patrick S. Fragel has achieved a “distinguished” rating for ethical practices and legal knowledge from the Martindale-Hubbell independent lawyer rating service. His firm has helped thousands of clients over the past 20 years. Contact us to Start your defense today.

Grand Traverse County Courthouse, Traverse City, Michigan

86th District Court and 13th Circuit Court

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Distinguished Rating for Legal Skills and Ethical Standards from Martindale-Hubbell