Articles Tagged with theft defense

“Did you HAVE to steal that?” If the person you’re asking has kleptomania, the answer could very well be, “Yes.” But is it a viable criminal defense in a South Florida theft case?

Maybe.

It’s probably only a successful defense strategy in a small percentage of Florida theft cases. But talk about it with your Broward criminal defense lawyer. Unless you’ve actually been diagnosed with kleptomania – and are actively seeking treatment or are willing to do so – a different approach to your defense may be much more effective.

What Exactly is Kleptomania?

You may have heard the term “klepto” used in reference to a person who regularly steals. That’s sort of the gist, but kleptomania is an actual mental health disorder that, as noted by the Mayo Clinic, involves “repeatedly being unable to resist urges to steal items that you generally don’t need.” Often, these items have little value and could likely be afforded by the person taking them.

Ultimately, it’s an emotional/behavioral issue that comes down to lack of impulse control. It’s a behavioral addiction, similar to those with gambling disorder, sex addiction, shopping addiction, or eating disorder. Like many impulse control disorders, it’s extremely difficult to resist the temptation or powerful urge to engage in this activity – even knowing it’s against the law and harmful to yourself, your relationships, your reputation, your freedom, etc.

These episodes can occur in public places, like a store (shoplifting), or may happen at someone’s residence, a friend’s home, a party, etc. The urge to steal may come and go in waves. Unlike most other shoplifters, it’s not about personal gain, revenge, or rebellion for someone with kleptomania. It’s solely about powerful urges the person doesn’t feel able to control.

It’s worth noting that if you have not been arrested/caught and want to seek help, a mental health provider is unlikely to report theft-related crimes to authorities – especially if you’re seeking help. You can talk to a defense lawyer in advance if you have concerns.

When Can Kleptomania Be Raised as a Florida Criminal Defense Strategy?

As noted by research published in The Journal of the American Academy of Psychiatry and the Law, kleptomania is a little unique among behavioral addictions in that the diagnostic criteria for the disorder necessitates criminal behavior (i.e., stealing/theft). By definition, they’ve committed theft, whether or not they’re ever criminal convicted. Continue reading