Theft Crime Defense in Madison County

How Mississippi Classifies Theft-Related Charges

The applicable charge may depend on the alleged conduct, the type and value of the property, prior convictions, and how the accused obtained or possessed it. Larceny, shoplifting, and embezzlement each have distinct legal elements and potential consequences.

Common theft-related allegations include:

• Grand larceny: Mississippi grand larceny generally involves property valued at $1,000 or more under Mississippi Code Section 97-17-41. Higher-value bands can carry different felony penalties.
• Petit larceny: Mississippi petit larceny generally concerns property valued below $1,000 under Mississippi Code Section 97-17-43. Prior convictions or special circumstances may affect the consequences.
• Shoplifting: Alleged conduct may include concealing or removing merchandise, altering price markings, transferring goods between containers, or causing a register to record less than the stated price. The total price, prior convictions, conduct within a 30-day period, and whether people allegedly acted together can affect how the charge is treated.
• Embezzlement: This allegation generally concerns money or property entrusted to someone through employment, an office, a position, or another relationship of trust.
• Receiving stolen property: These cases may turn on possession and whether the accused knew or had reason to believe the property was stolen.

Evidence & Legal Issues That Can Shape the Defense

We review police reports, witness statements, and physical evidence early in the case. We may compare the accusation with surveillance footage, receipts, inventory records, photographs, property descriptions, digital communications, and other available records. We also examine whether investigators respected constitutional rights under Mississippi and federal law.

Questions we examine may include:

• Whether the prosecution can establish criminal intent
• Whether the accused owned the property or had permission to possess or use it
• Whether identification by a witness or video recording is reliable
• Whether the stated property value is accurate and supported
• Whether business records, inventory reports, or witness accounts contain inconsistencies
• Whether police lawfully conducted a search, made an arrest, or obtained a statement

A suppression motion asks the court to exclude unlawfully obtained evidence. Whether particular evidence or statements can be excluded depends on the facts, governing law, and the court’s ruling.

What to Expect After a Theft Investigation or Charge

If investigators, a merchant, or witnesses contact you, get legal advice before discussing the allegation. Statements made early in an investigation can affect the defense.

The next steps depend on whether the case remains under investigation, an arrest has occurred, or the allegation has been filed as a misdemeanor or felony. Proceedings may include an initial appearance and bond decision, formal charges or indictment, discovery, pretrial motions, plea discussions, trial, sentencing, or post-conviction steps.

We develop a case-specific strategy based on the evidence, witness information, prior history, and procedures of the court handling the charge. By preparing for negotiation and trial at the same time, we can assess the available options as evidence and court rulings develop. We also explain filings, court dates, and other developments throughout the case.