Theft from Employer Defence Solicitors
Specialist criminal solicitors and barristers at representing clients facing investigation or prosecution for Theft from Employer
The offence of Theft is contained within Section 1 of the Theft Act 1968. If you have been asked to attend a voluntary police station interview under caution or have recently been charged with theft from an employer, to enhance your chances of securing the best possible outcome, it is vital that you secure specialist legal representation from the outset.
A prosecution of theft from an employer is usually a very complex and technical offence, which requires skilled and experienced legal advice and representation. In these types of prosecutions, because there is an employer and employee relationship in place, there is usually a very thin line between what may or may not amount to the criminal offence of theft.
If you would like to speak with one of our private criminal defence solicitors for a confidential no obligation initial telephone assessment, please call us on 0345 222 9955 or complete our Contact Form.
Theft from An Employer
There will be certain circumstances where an employer may accuse an employee of theft. The police usually become involved very quickly due to the simple nature of the allegation along with strong evidence such as CCTV footage. In such circumstances a prosecution will almost be inevitable. Examples of this would be where an employer has strong evidence that an employee is stealing money from a cash register. In these types of cases, our lawyers can be appointed to represent clients in Court to advance robust and compelling mitigation in order to attain a lenient sentence.
In many theft from employer cases our lawyers have been involved in, the allegation is a complex one where it is not always clear cut on whether the Defendant should accept the allegation. In any employer / employee relationship there will be tolerances of what is regarded as acceptable, and what may not be regarded as acceptable. As an example many white collar office workers may take home some stationary so that they can continue working from home however, there will be a fine line between what an employer may regard as theft.
Examples of Theft from an Employer
There are countless different scenarios which may bring rise to a prosecution of theft from an employer however, some examples of where a person may be charged with theft from an employer include:
- Taking home stationary / office supplies;
- Taking home free samples of stock;
- Taking stock without permission;
- Discrepancies with work expenses;
- Unauthorised sale of stock;
- Claiming non work-related expenses;
The factual circumstances are a significant factor in these cases and expert legal representation will be necessary to enhance the chances of securing a not guilty verdict.
Elements of Theft
The prosecution will need to provide the following elements to secure a conviction:
- Property is appropriated (taken)
- Which belongs to another (the employer)
- The intention is to permanently deprive the other of the property
If an employee enters a plea of guilty, or is found guilty of theft after trial, they will receive a criminal record and could also receive a prison sentence of up to 7 years. Whether a person receives a prison sentence will depend upon the individual circumstances of each case.
Consequences of a Conviction
It is important to appreciate that whilst a conviction for a relatively low-level theft may not result in a prison sentence, it will however show as a criminal conviction on any DBS checks, which may cause long-term difficulties in securing employment.
If a person is working within a regulated profession as a medical professional, financial professional or a lawyers, a conviction for theft will usually result in the appropriate regulatory body becoming involved, which may restrict an individual from continuing any future work within that sector. If you are considering entering a plea of guilty, it is important to secure legal advice so that you can make an informed decision of the specific repercussions you may face.
Whether there is a reasonable defence available to a prosecution of theft from an employer, it will require an expert analysis of the prosecution evidence, along with an explanation from the Defendant.
The more common grounds to defend such prosecutions will be:
- Factual Defence: The property was not taken, or it was not taken in the manner / quantity as stated by the employer;
- Legal Defence: This will usually be on whether the person accused of the offence was acting dishonestly.
The concept of ‘Dishonesty’ is dealt with under Section 2 of the Theft Act 1968 which states that a person who takes property belonging to another will not be regarded as acting dishonestly if:
- if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
- if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
- (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
Paying Privately for Legal Representation
We have been covering only private client criminal cases for many years and the benefits to our clients are clear. Our clients receive a much higher level of legal expertise and attention, because they are funding their cases privately. This enables us to dedicate more time in preparing the case, compared with firms that may also offer legal aid. Legal aid lawyers (Duty Solicitors) are often over-worked and are covering more cases than they should, as the nature of their work is not profitable, and this can result in your case not receiving the time and attention it deserves.
Our private client solicitors are specialists in their field, have significant experience and will have dealt with other cases like yours in the past and will know the best strategies to achieve a not guilty verdict.
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£1500 + VAT
Advantages of Paying Privately for a Specialist Criminal Defence Lawyer
- Expertise: There are very limited number of law firms throughout the country that only accept criminal cases on a private fee-paying basis, these lawyers will usually only accept such cases because they possess superior legal knowledge and expertise.
- Communication: Paying for legal representation privately will usually result in better and more frequent communication with your Solicitor and Barrister. Lawyers paid privately will usually respond to e-mails and phone calls quickly.
- Preparation: The amount of time a lawyer spends preparing a case and considering the evidence will have an impact upon the result. Paying privately will ensure that the lawyer can spend enough time on case preparation, which will have a positive impact on the overall outcome of the case. We prepare thoroughly for each case.
- Service: Clients that instruct lawyers via private funds will receive a substantially better service than those using legal aid.
- Quality: The overall quality of legal representation from private client solicitors is significantly superior.
- Consistency: We provide all our clients with consistency and continuity, the lawyer dealing with your case will be the same person from start to finish.
Why Instruct Kang & Co Criminal Defence Lawyers?
Clients choose us to represent them for their criminal law case because of our excellent track record and understanding approach towards their case, we understand and appreciate the impact of a conviction on your professional and personal life.
We have an outstanding reputation in the industry and regularly receive positive feedback from our clients. Regardless of how serious or minor the offence, our team of skilled criminal law solicitors are well trained, and highly motivated to protect your rights. If you instruct us to defend your case, we will explain everything to you about your prosecution and will discuss your bespoke defence strategy with you in detail and will advise you on all the possible outcomes.
Fixed Fees: We offer competitive fixed fees for a wide range of budgets;
Only Qualified Lawyers: If appointed, only a Qualified Solicitor and or Barrister will work on your case;
Skilled Solicitors: Our Criminal Defence Solicitors have an excellent record in successfully defending criminal charges in the Magistrates’ and Crown Court.
Tailored Bespoke Service: We meet all our clients at our offices, so that we can properly understand the individual needs and requirements of each client, and prepare a bespoke defence strategy;
Top-Tier Representation: Due to our skill and expertise in representing professionals charged with criminal offences, our lawyers are frequently appointed to defend clients from all walks of life including prominent business owners, high level professionals and sports personalities;
Highly Experienced Lawyers: Our clients pay privately, and this enables us to instruct some of the leading criminal defence barristers in the country that have decades of experience, including leading Queen’s Counsel;
National Coverage: We have offices in Birmingham, Milton Keynes and London and are ideally located to represent clients nationally at Courts throughout England and Wales;
Best Rated Solicitors: We are recognised as one of the leading law firms in Private Criminal Defence cases;
5 Star Law Firm: Our clients frequently leave positive feedback and reviews, as we keep our clients updated and provide honest and skilled advice from the outset;
In addition to having our own in-house barristers and advocates, we also have strong working relationships with very senior members of the Bar (including QC’s) and other leading legal experts in their field who can form part of your legal defence team.
We represent the full range of clients from ordinary people, through to high-net worth individuals, business owners, sports personalities and actors. We are instructed by individuals that are in a financial position to pay privately for legal representation and those that appreciate the benefits of doing this, as opposed to using public funding.
We have significant experience in successfully defending:
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Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
100 Avebury Boulevard
Buckinghamshire, MK9 1FH