Theft Crime Defense

WHAT IS A THEFT CRIME?

In California, theft crimes are offenses that involve the unlawful taking of someone else’s property with the intent to permanently deprive them of it. The state’s legal system categorizes theft crimes based on various factors, including the value of the stolen property and the circumstances surrounding the offense. Here are some common types of theft crimes in California:

• Petty Theft (Penal Code 488 PC): Involves the theft of property with a value of $950 or less. It is a misdemeanor offense.
• Grand Theft (Penal Code 487 PC): Involves the theft of property with a value exceeding $950. Grand theft can be charged as either a misdemeanor or felony, depending on the circumstances.
• Auto Theft (Vehicle Code 10851 VC): Refers to the unauthorized taking or driving of someone else’s vehicle. Auto theft is generally considered a felony.
• Burglary (Penal Code 459 PC): Involves entering a building or structure with the intent to commit theft or another felony. Burglary can be charged as either a misdemeanor or felony.
• Robbery (Penal Code 211 PC): Involves using force, fear, or intimidation to take someone else’s property. Robbery is a felony offense.
• Shoplifting (Penal Code 459.5 PC): Involves entering a commercial establishment with the intent to steal merchandise. Shoplifting is typically a misdemeanor, but it can be charged as a felony under certain circumstances.
• Embezzlement (Penal Code 503 PC): Involves the misappropriation of funds entrusted to someone in a position of trust. Embezzlement can be charged as a misdemeanor or felony.
• Identity Theft (Penal Code 530.5 PC): Involves unlawfully acquiring and using someone else’s personal information for fraudulent purposes. Identity theft is usually a felony.
• Forgery (Penal Code 470 PC): Involves altering or creating false documents with the intent to defraud. Forgery is typically a felony.

PENALTIES FOR THEFT CRIMES IN CALIFORNIA

In California, the penalties for petty theft and grand theft vary based on the value of the stolen property and the circumstances surrounding the offense. Here’s a breakdown of the penalties for both petty theft and grand theft:

• Petty Theft ($950 or less): A misdemeanor that is punishable by up to six months in county jail and a maximum fine of $1,000.
• Grand Theft (over $950): A felony that carries a state prison sentence of 16 months, 2 years, or 3 years and up to $10,000 in fines.

Prior theft convictions may result in more severe penalties. Additionally, aggravating factors such as using a weapon or stealing from an elderly person may lead to enhanced penalties.

Proposition 47, passed in 2014, reclassified certain theft offenses, making many theft crimes that would have been felonies misdemeanors. This includes some cases of grand theft where the value is $950 or less.

ARRESTED FOR SHOPLIFTING OR PETTY THEFT?

Generally speaking, the crime of shoplifting involves taking a small piece of merchandise while pretending to be a store customer. While shoplifting is generally thought of as a petty crime, it can actually result in serious criminal allegations. As a rule, the value of the alleged stolen merchandise will determine the severity of the charges held against you. For example, stealing a candy bar and stealing a piece of jewelry are both forms of shoplifting, technically, but the similarities in how their related criminal cases progress end there.

In California, the crime of “petty theft” is punishable by:

• $1,000 fine
• 6 months in a county jail

According to California Law, a crime is only considered petty theft if the suspect took an item worth less than $50. This crime is typically considered a misdemeanor. If you have been accused of petty theft or another theft crime, contact the Law Offices of Jacqueline Goodman in Orange County today.

Were You Falsely Accused of Theft?

There are a variety of reasons why you might be falsely accused of theft. For example, you may have been in the wrong place at the wrong time, and someone whose property went missing may believe that you were responsible for the stolen property even though you had nothing to do with the crime. Or, someone may intentionally accuse you of stealing something from them in an attempt to get revenge.

If you have been falsely accused of theft, your life as you know it may change forever, even if you are innocent. Your reputation may be destroyed and you may lose your job or have a hard time finding work in the future because of your criminal record if convicted. Friends and family members may judge you or decide to cut ties, and you may suffer from mental health difficulties like depression or anxiety. To try to set things right, defend yourself immediately by hiring the help of an accomplished Orange County theft crime defense lawyer like Attorney Jacqueline Goodman.