Скачать или смотреть Common Attorney Defenses: Claim of Right/Title

•In any of theft crime, the required intent needed is that you are intending to steal an item that isn't yours.
•But what happens when you take an item that you thought was yours, or that you had a right to take, but it turns out it was not yours, but in fact it belonged to someone else? That is where the Claim of Right defense comes into play.
•You obtained property under a claim of right if you believed in good faith that you had a right to the specific property or a specific amount of money, and you then openly took it.
•In this case, you may hold a belief in good faith even if the belief is mistaken or unreasonable. But if you were aware of facts that made that belief completely unreasonable, then the claim and this defense, is not reasonable. For example, showing up to a dealership and taking a car for a test drive and keeping that car forever, is not reasonable.
•A good example of this being valid is buying a vehicle from another person, under the belief that the person selling the car owned the car. Then, some time later, you get arrested for Grand Thef or even Receiving Stolen Property. Claim of Right would be a viable defense here if you did not know the vehicle was stolen when you bought it, but believed in good faith you were buying the vehicle from the rightful owner.

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