From shoplifting to burglary: the classification determines your sentence

Theft ranges from a forgotten scan at the checkout to a house burglary with breaking in. Between those extremes lies a world of difference in sentence — and therefore in defence.

Simple and aggravated theft

Simple theft (art. 310) becomes aggravated theft (art. 311) through circumstances such as breaking in, climbing in, false keys or cooperation. Theft with violence (art. 312) is heavier still.

Those aggravating circumstances substantially increase the sentence. We contest them where the evidence does not support them.

Intent, unlawfulness and handling stolen goods

Theft requires the aim of unlawful appropriation. Someone who took something believing they were allowed to, or who forgot to pay, lacks that aim.

In handling stolen goods the question is whether you knew or should have known that an item was derived from crime. Here too, "should have known" is no licence for the OM’s assumptions.

Shoplifting and the apprehension

In shoplifting it often turns on the moment of apprehension: had the checkout already been passed, and does the shop’s complaint match the footage? A forgotten scan or a misunderstanding is not theft.

We request the camera footage and the shop protocol and test whether the aim is genuinely established.

House burglary and the aggravating factors

House burglary is punished heavily and often leads to pre-trial detention. Decisive are the aggravating circumstances — breaking in, a false key, the nocturnal hour — and whether your involvement, for instance via DNA or identification, is genuinely established.

We test the reliability of traces and identifications and contest an overly broad attribution in cases of cooperation.

Handling stolen goods: negligence and intent

Intentional handling requires that you knew an item came from crime; negligent handling that you should reasonably have suspected it. A bargain in itself does not yet prove that.

We place the purchase in context and contest a too-quick assumption of knowledge.

Sentence, damages claim and future

From a fine or community service order for a minor offence to a prison sentence for burglary or violence: the outcome depends on the classification and your circumstances. The injured party often joins with a damages claim.

We test that claim and steer towards the lightest appropriate disposal, with a view to your VOG.

When to call us

You have been arrested for shoplifting or pickpocketing
You are suspected of a house or business burglary
Goods have been found in a space or car shared by you
There is an OM penalty order or a summons
You are suspected of handling stolen goods
There is a damages claim from the injured party

Frequently asked questions

It was a misunderstanding at the checkout. Am I a thief?

Without the aim of appropriation there is no theft. Forgetting to pay is not an offence. We show that intent is lacking.

What makes burglary heavier than ordinary theft?

Breaking in, climbing in or false keys make it aggravated theft with a higher sentence. We test whether those circumstances are genuinely proven.

I received a penalty order. Do I have to pay?

Not without thinking. Paying is acknowledging. With an objection we can bring the case before the court or achieve a more favourable disposal after all.

I did not know it was stolen. Am I a handler?

Handling requires that you knew or should reasonably have suspected that the item came from crime. We contest a too-quick assumption of that knowledge.

There is DNA or an identification at a burglary. Am I caught?

Not necessarily. DNA says something about contact, not about the moment; identifications are vulnerable. We have their reliability tested.

I was there but took nothing. Am I a perpetrator?

Joint perpetration requires a substantial contribution. Merely being present is not enough. We resist an overly broad attribution.

Will I get away with a community service order?

For a minor offence without aggravating factors, a fine or community service order is realistic. We aim for the lightest appropriate disposal.

Does this affect my VOG?

A property offence can complicate a VOG, particularly for positions involving money or goods. We keep that interest in view from the outset.