Claim of Right Defenses in Missouri. The “claim of right” defense is a legal strategy used to dispute charges of theft, trespassing, or other property-related crimes. This defense asserts that you had a legitimate belief or right to possess the property in question.
However, this defense is not as simple or clear cut as saying, “I thought the property was mine.” The belief must be in good faith, meaning it wasn’t an intentional or deceptive effort to steal or obtain someone else’s property. In Missouri, proving this involves demonstrating that your actions were not criminal in nature because they were based on a reasonable assumption of ownership.
Hiring a skilled and experienced criminal defense attorney is crucial when using this defense strategy, as it requires a deep understanding of property laws and Missouri statutes. The Combs Waterkotte legal team has over 40 years of experience building robust defense strategies and has successfully handled more than 10,000 cases like yours in Missouri.
What is the Claim of Right Defense in Missouri?
The claim of right defense is based on the principle that someone can’t be guilty of theft or similar property crimes if they sincerely believed they had a lawful right to the property. Whether that belief is rooted in ownership, entitlement to payment, or a misunderstanding of property rights, the defense revolves around the notion of honest mistake or miscommunication.
Missouri Revised Statute § 569.130 states:
A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he or she does so under a claim of right and has reasonable grounds to believe he or she has such a right.
Claim of Right Defense Example in Missouri Case Law
A claim of right defense in Missouri involves asserting that you had reasonable grounds to believe you were legally entitled to damage or take the property in question. An illustrative case example is State v. McPike, where McPike was charged with stealing after loading furniture from behind a store, near a dumpster, into his vehicle. When the store manager informed him the items were not trash, McPike returned them and left. Despite being charged with class C felony stealing, McPike’s attorney demonstrated that discarded furniture was commonly left at that location, providing grounds for McPike to argue that he had a reasonable belief he could take the furniture.
In court, your attorney must actively present a claim of right; it won’t automatically be considered. Additionally, the claim must be supported by credible evidence. In McPike’s case, this was accomplished through the manager’s testimony about discarded furniture being placed by the dumpster and photographic evidence that supported the defendant’s belief.
The Role of a Combs Waterkotte Attorney’s Expertise in Asserting a Claim of Right Defense
Successfully invoking a claim of right defense requires legal expertise. An experienced Combs Waterkotte lawyer will review your case in detail, assess the evidence, and determine if this defense is appropriate. Key aspects of proving claim of right include:
- Contextual Understanding: Your attorney will need to understand the broader context surrounding the event. Were there verbal or written agreements in place that led you to believe that you had a right to the property? Did you take steps to secure the property openly, rather than through deception or theft?
- Establishing Good Faith Belief: Our defense team must show that your belief in your right to the property was genuine and reasonable under the circumstances. This involves presenting evidence, witness testimony, and possible legal documentation.
- Intent Matters: Missouri law is strict regarding intent. The prosecution must prove beyond a reasonable doubt that you intended to commit theft. The claim of right defense argues the opposite – that you acted with honest intent based on your belief of ownership or right to the property.
Why Hiring a Combs Waterkotte Attorney Matters in Your Claim of Right Defense
The claim of right defense is highly technical and requires a thorough understanding of Missouri property laws. Without the guidance of a skilled Combs Waterkotte defense attorney, it’s easy for the prosecution to discredit your claim as mere fabrication or even attack your credibility. A lawyer experienced in criminal defense will:
- Analyze the Evidence: A strong legal defense starts with a careful review of the evidence. Your attorney will scrutinize all aspects of the case to be sure the defense can be supported with credible information.
- Negotiate on Your Behalf: If necessary, a defense attorney will negotiate with the prosecution to seek a reduction in charges or even the dismissal of your case.
- Prepare a Strong Defense for Court: If your case goes to trial, having a Combs Waterkotte attorney with courtroom experience is vital. We thrive in court. We’ll present a well-constructed argument that highlights your good faith belief and challenges the prosecution’s narrative.
If you’re facing theft, trespassing, or any other property-related charges in Missouri and believe that you had a legitimate right to the property, the claim of right defense may be your best option. Call Combs Waterkotte right now at (314) 900-HELP or reach out online for a confidential consultation with a criminal defense attorney.
