Is “I was only stealing what was stolen from me” a recognized defense in any U.S. jurisdiction? Is O.J. Simpson’s defense assuming everything his attorney says is true, a recognized defense for theft? Again, assuming everything said by the defense is true, doesn’t that mean he is still guilty of the kidnapping and assault charges??
Yes, that can be a reasonable defense in most jurisdictions. Common law robbery is a specific intent crime, meaning to be guilty of it a person must have the specific intention to 1. take the property of another, 2. to permanently (or for an unreasonably long time) deprive them of it, 3. by force or intimidation.
If OJ had a reasonable belief that the property belonged to him, it would negate the intent requirement for the first element of the crime.
And yes, he can still be found guilty of assault and kidnapping even if found not guilty for the robbery charge.