Introduction
Being charged with theft in Minnesota is a serious legal matter. Whether you’re accused of shoplifting, auto theft, or embezzlement, a conviction can lead to jail time, fines, probation, and a permanent criminal record. However, not all theft charges result in a conviction — especially when you have the right defense.
At Martine Law, we help clients fight theft accusations with strategic legal defenses tailored to their circumstances. In this guide, we explore the most common and effective defenses against theft charges in Minnesota.
What Is Considered Theft in Minnesota?
Under Minnesota Statute § 609.52, theft is defined broadly and includes:
- Taking property without consent and intending to deprive the owner permanently
- Obtaining services or goods without paying
- Swindling or using fraud to acquire property
- Possessing or receiving stolen goods
- Writing bad checks with intent to defraud
Theft charges can be misdemeanors, gross misdemeanors, or felonies depending on the value of the property and the circumstances of the case. The higher the value or more complex the alleged theft, the more severe the potential penalties.
Top Legal Defenses Against Theft Charges in Minnesota
An experienced criminal defense attorney will evaluate the facts of your case and determine which defenses are most applicable. Here are some of the most common defenses used in theft cases across Minnesota courts.
1. Lack of Intent
Intent is one of the key elements in a theft case. The prosecution must prove that you intended to permanently deprive the owner of their property. If you accidentally took the item or believed it was yours, this can serve as a strong defense.
For example, if you mistakenly took a similar-looking phone or backpack thinking it was yours, it is not theft under the law.
2. Mistaken Identity
Many theft charges rely on eyewitness accounts or grainy surveillance footage. If there is reasonable doubt that you were the person who committed the act, a mistaken identity defense may be viable.
We often use video evidence, alibi witnesses, and phone records to challenge the accuracy of the state’s identification.
3. Ownership or Right to Possession
You cannot steal what you legally own. If you had ownership of or a legal claim to the item in question, then taking it cannot be considered theft.
This defense is particularly relevant in domestic disputes or business partnerships where both parties may claim ownership over certain property.
4. Consent
If the property owner gave you permission to take or use the item, you cannot be guilty of theft. Consent does not have to be in writing, but clear proof is needed to support this defense.
In cases involving borrowed items or informal agreements, we may use text messages, emails, or witness testimony to establish consent.
5. Duress or Coercion
If someone forced you to commit the theft under threat of harm, you may have a valid duress defense. The threat must be immediate and serious enough to override your free will.
While rare, duress is a recognized legal defense under Minnesota law and may help reduce or eliminate charges.
6. Entrapment
Entrapment occurs when law enforcement induces you to commit a crime you otherwise would not have committed. This defense is often used in undercover operations or sting cases.
To prove entrapment, we must show that the idea originated with the police and that you were not predisposed to commit the theft.
7. Insufficient Evidence
In some cases, the prosecution simply doesn’t have enough evidence to prove guilt beyond a reasonable doubt. We carefully examine the evidence presented — including police reports, witness statements, and physical items — to find weaknesses in the state’s case.
Without solid evidence, charges may be dropped or significantly reduced.
What Happens If You’re Convicted?
A theft conviction in Minnesota can result in:
- Jail or prison time
- Fines of hundreds or thousands of dollars
- Restitution to the victim
- A permanent criminal record
- Difficulty with employment, housing, and loans
For felony theft, the penalties can include up to 20 years in prison and fines up to $100,000, especially for high-value items or repeat offenses.
Can Theft Charges Be Expunged in Minnesota?
Yes, in some cases. If you were convicted of theft and have completed your sentence, you may be eligible to petition for expungement after a waiting period. This can seal your record from public view and improve your chances for employment and housing.
Minnesota has recently expanded access to expungement under certain non-violent offenses. Speak with your attorney to see if you qualify.
Why You Shouldn’t Fight Theft Charges Alone
A theft charge — even for something seemingly minor — can follow you for years. At Martine Law, we understand the impact a criminal record can have on your life and future. That’s why we aggressively advocate for our clients at every stage of the case.
When you work with us, we:
- Investigate the full context of the accusation
- Challenge weak or unlawful evidence
- Negotiate with prosecutors for reduced or dropped charges
- Present compelling defenses in court
Whether this is your first charge or you’ve been through the system before, we’re here to stand by your side.
Helpful Legal Resources
- Minnesota Judicial Branch – Criminal Cases
- LawHelpMN – Criminal Charges and Defenses
- Minnesota Statutes – Theft
- Martine Law – Theft Charges Defense
Contact Martine Law Today
If you or someone you love is facing a theft charge in Minnesota, don’t wait. Early legal help can make a major difference in the outcome of your case. Contact us today for a confidential consultation and start building your defense.