Claims of right in theft and robbery prosecutions.(Florida)

Florida Bar Journal | November 1, 1999| | Copyright

Although often spoken of as a defense, claims of right are not affirmative defenses.

In theft(1) and robbery cases, "claim of right" refers to a claim by the defendant that he has some right to possess the property he took from the victim. There are two basic types of claims of right: a "specific" claim, i.e., a claim to possess the specific property taken; and a "debt" claim, i.e., a claim that the property taken will satisfy a debt the victim owes. A second distinction to be noted is that between an "actual" claim and a "good faith" claim. In the former, the ...

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