Stanley & Co Lawyers have over 20 years combined experience and have successfully helped South Australian’s avoid jail time for identity theft, breach of trust, credit card fraud, embezzlement, centrelink fraud, and shoplifting. A conviction for any of these offences will have a devastating impact on your freedom, livelihood and your future. There is no substitute to having an experienced theft lawyer on your side.
Helpful Questions & Answers
WHAT IS THEFT?
Theft is a criminal offence which occurs when a person deals with property either dishonestly or without the owner’s consent, intending to deprive the owner permanently of the property or to make a serious encroachment on the owner’s proprietary rights. In other words, if you take someone else’s property without any intention of giving it back to the owner, or with the intention of treating it as your own or diminishing its value, the offence of theft has been committed. Theft can also be committed if you have received stolen property from another person (usually if you know that the property is stolen).
WHAT IS DECEPTION?
Deception is a criminal offence which occurs when a person intentionally deceives someone to dishonestly benefit themselves or another person, or to cause a detriment to someone. Deception involves a misrepresentation about a past, present or future fact or state of affairs; or about the intentions of yourself or another person; or about the law.
In summary, deception occurs when someone makes a misrepresentation to another person with the intention of dishonestly obtaining a benefit. The benefit is usually financial, but doesn’t have to be. Simply causing a detriment to another person is enough to result in a person being guilty of deception. Deception must be deliberate. This means that you must have the intention to benefit yourself or someone else dishonestly; or to cause someone else to suffer a detriment.
WHAT IS THE PENALTY FOR THEFT
The maximum penalty for theft is imprisonment for 10 years. The maximum penalty for aggravated theft is imprisonment for 15 years.
WHAT SHOULD I DO IF I HAVE BEEN CHARGED WITH THEFT?
If you have been charged with theft, it is important that you seek legal advice as soon as possible, as the penalties can be quite severe. We can assist you in preparing your defence and representing you in court. If you are guilty of the theft, we can assist you by entering your plea of guilty and making submissions on your behalf to try and get the penalty reduced.
WHAT IS THE MAXIMUM PENALTY FOR DECEPTION?
The maximum penalty for deception is imprisonment for 10 years. In the case of an aggravated offence, the maximum penalty is imprisonment for 15 years.
WHAT SHOULD I DO IF I HAVE BEEN CHARGED WITH DECEPTION?
If you have been charged with deception, you should immediately seek legal advice because serious penalties apply. We can assist you in preparing your defence and representing you at Court, or by pleading guilty on your behalf with a view to reducing the penalty to the maximum extent possible.