If you're facing theft charges, it's essential to know the kinds of evidence prosecutors can use against you in court. Knowing this information can help prepare your defense and give you a better understanding of how prosecutors prove their allegations.
This article explains what constitutes evidence when a prosecutor attempts to prove you are guilty of theft.
Virginia’s Definition of Theft
According to Virginia Code §18.2-95, theft is the intentional taking or carrying away of someone else's property without their consent. The alleged offender also intends to deprive the victim of this property permanently.
Theft includes stealing physical items such as clothing or electronics, or the assets could be abstract, such as someone's identity.
Thievery can be direct, where you take property off someone or quickly snatch it without them knowing. The crime can also involve deception or fraud, such as writing a bad check or using false pretenses to obtain money or goods.
There are different degrees of theft under Virginia law. Each carries its own punishment depending on the nature of the crime and the value of the property.
What Must a Prosecutor Do to Prove a Theft Allegation?
A prosecutor must take several steps to prove a theft allegation.
First, they must establish that the alleged theft occurred. This requires gathering the types of evidence we will discuss below.
Once the prosecutor establishes that the crime took place, they must prove that the accused intended to commit theft. This claim involves demonstrating that the offender knowingly took the property, intending to deprive the rightful owner of possession.
Finally, the prosecutor must prove that the accuser owned the property, and they must reveal the property’s value.
1. Physical Evidence
Physical evidence refers to any tangible objects material that prosecutors can use as proof in a criminal case.
This can include:
- Fingerprints
- DNA samples
- Footwear impressions
- Any physical object related to the case
- Fibers found on clothing or at the scene of the crime
Physical evidence is a vital aspect of any criminal accusation. Forensic specialists often analyze physical evidence, and prosecutors attempt to use these findings as evidence against the defendant.
Physical Evidence Often Used in a Theft Case
Authorities collect fingerprints from the crime scene and try to link them to a suspect.
Footprints and tire tracks can also provide information, particularly in conjunction with security camera footage or witness statements.
DNA evidence, such as hair and bodily fluids, can link a suspect to the crime scene.
Prosecutors often use the stolen property itself as physical evidence. This property may contain some evidence listed above, such as fingerprints, DNA, or other clues.
Disputing Physical Evidence in Court
Your attorney can claim that the evidence has been:
- Degraded
- Contaminated
- Incorrectly tested
- Subjected to human error or bias
2. Documentary Evidence
Examples of documentary evidence include:
- Deeds
- Emails
- Contracts
- Photographs
- Text messages
- Video recordings
- Audio recordings
This type of evidence is highly valued. It can provide an objective record that supports or discredits a legal argument.
Documentary Evidence Often Used in a Theft Case
- Witness statements
- Surveillance footage
- Financial records such as invoices and receipts
- Text messages or emails that contain incriminating information
Each piece of evidence provides a unique perspective on the crime and helps build a stronger case against the accused. For example, surveillance footage can provide a clear picture of the theft in progress and help identify the perpetrator, and financial records can establish a motive for the crime.
Attorneys must properly authenticate all documentary evidence and introduce it according to strict legal standards.
Disputing Documentary Evidence in Court
Your lawyer may argue that the evidence:
- Contains bias
- Lacks context
- Is incomplete
- Has been manipulated
- Contains errors or inaccuracies
- Comes from an unreliable source
- Has degraded over time, thereby missing valuable information
3. Testimonial Evidence
This evidence involves eyewitnesses who claim to have observed the theft. Testimonial evidence is widely used in the legal system, and it is considered an important tool to prove someone’s guilt.
Prosecutors and defense attorneys derive testimony evidence from several sources. This evidence can come from accomplices and even the defendant themselves.
The criminal justice system relies heavily on eyewitness accounts because they provide personal experience with a crime.
Testimonial Evidence Often Used in a Theft Case
Most commonly, lawyers call upon witnesses to testify about what they saw and heard at the time of the theft.
Accomplices can provide additional details about the circumstances surrounding the theft, as they helped commit the alleged crime.
Disputing Testimonial Evidence in Court
Human experience is often fallible. People think they saw something they didn’t, or they misunderstood what they saw. Testimonial evidence can be a strong for prosecutors, but a good defense attorney can easily debunk it.
Your lawyer may be able to prove the evidence is:
- Coerced, where the witness is lying under threat
- False, where the witness is fabricating their story
- Biased, where the witness has an agenda against the defendant
- Misinterpreted, where the witness did not have the full context of the event
- Inaccurate, where enough time has passed to make the witness unreliable, or the witness observed only part of the event
- Limited, where the witness does not have enough knowledge, education, or intelligence to fully understand what they observed
- Manipulated, where misleading questions or outside influence twists the witnesses’ account
Don’t forget, you may also use witnesses in your defense. Their testimony can help strengthen your case. The witness could provide corroborating evidence that establishes doubt in the judge or jury’s minds.
Witnesses can also provide context and clarity, recounting details that surveillance cameras or other evidence does not capture.
Andrew J. Cornick, Attorney at Law is here to help you build a strong case against theft allegations. If you have been accused, schedule time with our team online or call our office at (540) 386-0204.