Theft Lawyers Melbourne

Charged with theft in Melbourne?

If police have charged you with theft, you are probably asking two things. Will I end up with a criminal record? Could I go to jail?

The honest answer is that it depends on what was taken, what it was worth, and what you do from here. Plenty of theft matters finish without a conviction. Some do not. Getting advice early makes a real difference to which way it goes.

We are criminal defence lawyers and we appear in Melbourne courts most days of the week. Many of our theft clients have never been in trouble before. We are not here to judge you. We are here to get you the best result the facts allow.

We have offices in Melbourne, Ballarat, Ringwood, Frankston, Geelong, Werribee, Dandenong and Moorabbin, and we appear at the courts near each of them.

What counts as theft in Victoria?

Theft means taking someone else’s property when you intend to keep it. That covers more than most people expect. Shoplifting is theft. So is taking money from an employer, keeping a wallet you found, or taking a car for a drive and leaving it somewhere.

There is more than one theft charge, and the one you are facing matters:

• Theft under section 74 of the Crimes Act 1958 is the main Victorian charge.
• Commonwealth theft under section 131.1 applies when the matter crosses state borders or involves federal money.
• Burglary and aggravated burglary are treated far more seriously and carry much heavier penalties.
• Trespass is not a theft charge, but police often add it on top.

Police often lay more than one charge at once. That is one reason it pays to have someone read the police brief properly before you decide anything.

What is the penalty for theft?

Section 74 theft carries a maximum of 10 years. Maximum penalties are set for the worst possible case, and most matters land nowhere near them. What actually drives the outcome is the value involved and the circumstances:

• A small, first-time theft can often be finalised by diversion, which means no finding of guilt at all.
• Mid-range matters are commonly dealt with by a fine or a good behaviour bond, sometimes without a conviction being recorded.
• Thefts involving tens of thousands of dollars, or a breach of trust such as stealing from an employer, can lead to immediate imprisonment.

Can I avoid a criminal record?

Often, yes. Diversion is the best result available. If you get it, you complete some conditions, the charge is finalised, and you walk away without a criminal record. Prosecution has to agree and the magistrate has to approve it. It is usually available where the offence is at the lower end, you take responsibility, and you have little or no history.

If diversion is not on the table, a magistrate can still find the charge proven and choose not to record a conviction. Our page on how to avoid a criminal record explains how that works.

What if I actually did it?

Most people who call us did take the item. Saying so does not mean pleading guilty at the first hearing is the right move.

Sometimes there is a defence you have not considered. Sometimes the police case is weaker than it looks. And a plea that has been properly prepared gets a better outcome than one that has not.

Things that genuinely help: paying the money back before court, a reference from your employer, and evidence you have dealt with whatever sat behind it, such as financial pressure, gambling or mental health.

What to do next

Do not give police a statement before you have spoken to a lawyer. You are entitled to legal advice first, and what you say in an interview is hard to undo.

Call us and speak to one of our criminal lawyers about where you stand.