It is important to note that not all charges for grand theft, or other crimes, result in a conviction. If a defendant is facing a formal charge of grand theft, the prosecution carries the burden of proving all elements of this crime. For example, grand theft requires that the defendant have the intent to steal. If there was an intent to borrow and return, then this would not satisfy the element of intent according to law, and the defendant could not be charged with grand theft.
One main defense to the charge of grand theft is claim of right. A defendant who sincerely believes they were entitled to the property would not have the intent to steal. The prosecution therefore would not be able to charge grand theft. However, this defense cannot be set forth if the defendant concealed taking the property at the time of the alleged theft or after the theft had been discovered. Additionally, if the property was illegal to possess, such as drugs or guns, claim of right will not apply.
Another defense to the crime of grand theft is consent. There is no theft when the owner of the property consented to the defendant’s taking of this property. It is important, however, that the defendant have acted within the scope of the consent. An example of exceeding scope of consent may be a defendant using a car specifically loaned to him for work to go pleasure riding on the weekend. In some cases, grand theft charges can be reduced, so that the defendant is facing a misdemeanor charge for petty theft. An experienced theft crime defense attorney can help dismiss or reduce charges.