Possible Defenses for Fraud and Theft

Jesse Kalter • June 24, 2022


Consult with an Experienced Fraud Lawyer About the Possible Defenses for Fraud & Theft

Building a strong defense for fraud & theft charges is a long process. Due to the nature of these accusations, a person needs to discuss all the possible defenses for fraud & theft with an experienced fraud & theft lawyer to ensure the best possible outcome for their case.

Possible Defenses for Fraud

There can be thousands of documents of evidence to review when building a strong defense against fraud charges. This process can easily take weeks to complete. If a person has been charged with fraud, they should contact a fraud lawyer immediately to begin building their defense. The following list is of potential fraud defenses to review with a criminal defense attorney.



No Intent to Defraud – If it can be shown that there was no intent to defraud or the defendant was unaware that fraud was being committed, then the case may be dismissed.


Defendant was Falsely Accused of Fraud – Mistakes can be made, and someone can be falsely accused of fraud. If it can be proven another person made this mistake, then the case may be dismissed.


Evidence Should be Excluded - Evidence the police found through an unlawful search and seizure, or asset forfeiture, must be excluded from a case.


Possible Defenses for Theft

If someone has been arrested for any form of theft, they need to contact an experienced theft lawyer immediately. The sooner a defense can be built, the higher the chance of achieving a favorable outcome. The following is a list of theft defenses to review with a criminal defense attorney.


Misidentification by the Witness Being falsely accused is common due to frequent misidentifications made by witnesses.


Lack of Intent – If it can be proven that a person did not intend to steal the item or keep the item after taking it, or it was a misunderstanding, then the case may be dismissed.


No Taking Occurred – Sometimes an item wasn’t taken at all. If the defense can prove that a person didn’t take the item, then the case may be dismissed.


The Property was a Gift, or It was the Defendant’s to Begin With If it can be proven that a person was given the item, or it was loaned, then a theft has not occurred.


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