How To Defend Against Theft Charges: Legal Advice For Gold Coast Residents

Being charged with theft can be stressful and overwhelming. Whether it’s a shoplifting allegation or a more serious fraud charge, the consequences can significantly affect your reputation, career, and future opportunities. Understanding how theft charges work under Queensland law, and what legal defences may apply, is the first step in protecting your rights.

At EV Law, our experienced criminal lawyers on the Gold Coast represent clients facing theft-related charges and guide them through each stage of the legal process. With the right legal advice, it’s possible to build a strong defence and achieve the best possible outcome.

In Queensland, theft falls under the Criminal Code Act 1899 (Qld), which defines it as “dishonestly taking property belonging to another with the intent to permanently deprive the owner of it.” Theft can take many forms, and the seriousness of the charge depends on the circumstances and value of the property involved.

Common theft-related offences include:

• Shoplifting or petty theft: Taking goods from a store without payment.
• Burglary or break and enter: Entering a property with the intent to commit theft or another offence.
• Fraud: Obtaining money, goods, or services through deception or false representation.
• Receiving stolen property: Possessing goods that you know or believe were stolen.
• Employee theft: Taking money or items from an employer or workplace.

Each charge carries its own potential penalties, ranging from fines and community service to imprisonment. However, it’s important to remember that being accused of theft does not mean you are guilty. Every person has the right to defend themselves and to have their case properly heard in court.

If you’ve been accused of theft on the Gold Coast, you will typically go through the following stages:

1. Police interview: You may be asked to participate in a recorded interview. You are not required to answer questions other than providing your name and address. It’s crucial to seek legal advice before speaking with police.
2. Charges filed: Depending on the alleged offence, you may receive a notice to appear in court or be arrested and formally charged.
3. Court appearance: Your first court date is usually a mention. Your lawyer will advise whether to enter a plea or request an adjournment to review evidence.
4. Evidence disclosure: The prosecution must provide the evidence against you, such as witness statements, CCTV footage, or forensic reports.
5. Defence preparation: Your criminal lawyer will examine the evidence, identify weaknesses in the prosecution’s case, and prepare your defence.
6. Negotiation or trial: Many matters can be resolved through negotiation or plea discussions, but if necessary, your case may proceed to trial where evidence is tested before a judge or jury.

Having an experienced criminal lawyer on the Gold Coast ensures you understand your rights at every stage and that all options are explored to protect your future.

Every theft case is unique, but several legal defences may apply depending on your circumstances. Below are some of the most recognised defences under Queensland law.

A key element in any theft charge is the intent to permanently deprive the owner of the property. If you did not intend to steal — for example, you mistakenly believed the property was yours or intended to return it — your lawyer may argue there was no dishonest intent.

Under section 22 of the Criminal Code, a person is not criminally responsible if they honestly believed they had a legal right to the property in question. Even if that belief was mistaken, it can serve as a valid defence if it was genuinely held.

If the owner or person in lawful control gave permission for you to take or use the property, this can negate the element of dishonesty. Written or verbal consent, or evidence of prior agreement, can be key in these cases.

In theft matters involving CCTV footage or eyewitness accounts, identification errors are not uncommon. Lighting, camera angles, and human error can lead to mistaken identity. A skilled defence lawyer will carefully assess the evidence and challenge any inconsistencies.

If you were forced or threatened to commit theft, or if you acted out of immediate necessity (for instance, to prevent harm), your actions may be excused under the law. These defences are complex and require strong supporting evidence.

In rare cases, if a person’s mental state prevented them from understanding their actions or distinguishing right from wrong, this may form part of the defence.

A well-prepared theft defence on the Gold Coast depends on a thorough understanding of these legal principles and a detailed review of the evidence.

Engaging an experienced criminal lawyer early can make a significant difference in the outcome of your case. Here’s how EV Law assists clients facing theft allegations:

• Legal advice before police questioning: What you say in an interview can have major implications. We ensure your rights are protected and that you only provide information that benefits your case.
• Evidence review: We meticulously examine all evidence, identifying weaknesses in the prosecution’s argument and finding opportunities for dismissal or reduction of charges.
• Negotiation with prosecutors: In some cases, it may be possible to have charges downgraded or withdrawn through early discussions with the prosecution.
• Court representation: Our lawyers represent clients in the Magistrates, District, and Supreme Courts across Queensland. We advocate for your rights and present a strong, well-researched defence.
• Ongoing support and guidance: Facing criminal charges can be daunting. We explain every step of the process clearly and work closely with you to achieve the best possible outcome.

At EV Law, we take a strategic, evidence-based approach to every case. Our priority is ensuring your rights are upheld and that your side of the story is heard.

The court considers several factors when determining penalties for theft, including:

• The value of the property stolen
• Whether it was a first-time offence or part of a pattern
• The circumstances surrounding the incident (for example, financial hardship or coercion)
• Any remorse or cooperation shown by the defendant
• Whether restitution (returning or paying for the property) has been made

Outcomes may include:

• No conviction recorded (depending on the severity and personal circumstances)
• Good behaviour bond or probation
• Fines or community service
• Imprisonment for serious or repeated offences

A skilled criminal lawyer on the Gold Coast can help you present mitigating factors and advocate for a fair, proportionate result.

If you’re facing theft charges, time is critical. Seeking legal advice as soon as possible allows your lawyer to preserve evidence, obtain witness statements, and explore options for an early resolution. Delaying legal representation may limit your defence opportunities or affect how your case is presented in court.

At EV Law, we understand how distressing criminal allegations can be. Our team acts promptly and decisively to protect your rights from the outset.

• Local experience: We have deep knowledge of the Gold Coast legal system and work regularly with local courts and prosecutors.
• Tailored advice: Every client’s situation is unique. We provide individualised strategies based on the specific facts of your case.
• Strong advocacy: Our lawyers are skilled negotiators and experienced courtroom advocates.
• Discreet and supportive: We handle all cases with sensitivity, ensuring confidentiality and respect throughout the process.

Our goal is simple — to achieve the best possible outcome for every client, no matter how complex the case.

Theft charges can have serious legal and personal consequences, but with the right legal representation, you can defend yourself effectively. Understanding your rights, the available defences, and the importance of early legal intervention is key.

If you or someone you know has been charged with theft on the Gold Coast, contact EV Law for confidential legal advice. Our experienced criminal lawyers are ready to assess your case and guide you toward the best possible result.