Theft is the unlawful taking and carrying away of someone else's property. Theft charges in California are serious and carry severe penalties depending upon the nature of the crime. Most people presume that theft charges are a fairly simple misdemeanor matter that can be handled in court without an attorney. NOT TRUE! Theft charges and theft convictions are far from simple matters. Depending on the value of the merchandise or property taken and any prior related theft convictions, theft crimes can be prosecuted as felonies and as such could require a state prison sentence.

California Law

Under California law, theft crimes—also called Larceny—are crimes in which a person intentionally takes and carries away the property of another without permission with the intent to permanently deprive that person of their interest in that property. Larceny or Theft is divided into two degrees: Petty Theft and Grand Theft.

• Petty Theft
  Petty theft, more commonly known as shoplifting, is the stealing of merchandise valued up to $950 from a retail store, library, utility or person. First-time offenders are looking at a misdemeanor with a maximum of six months in county jail, restitution and approximately $400 in fines plus penalties. As a general rule, first-time offenders can avoid jail completely. Subsequent offenses can be charged as a felony and come with some serious penalties. (Petty Theft with three priors constitutes a felony and is charged under Penal Code Section 666, also known as Petty Theft with a prior). Petty Theft with a prior is a felony and punishable by up to three years in state prison.
• Grand Theft
  This is a crime in which a person steals goods worth over $950 or money exceeding $950. Grand Theft is a serious offense and is a “wobbler” meaning it can be charged as either a misdemeanor or a felony. A felony grand theft conviction is punishable by a year in county jail or 16 months in state prison.

Penalties And Punishment

If you are convicted of any of the above theft crimes, you could be facing any number of penalties, including:

• County Jail or State Prison
• Probation or parole
• Restitution (paying back victims for their loss)
• Court-ordered counseling
• CALTRANS (trash pick up from freeways)
• Community Service
• Fines

Each theft case is evaluated on its own, with harsher penalties given for use of weapons and for prior theft related charges. A theft conviction, even a minor one, may have serious adverse consequences beyond jail and fines. It may affect your future employability or permanently affect your professional licensing and your career. Generally speaking, theft charges look bad on a person’s record and may adversely affect someone from obtaining good employment. Employers will question an applicant’s integrity or their honesty and may even be concerned that the applicant will likely steal from the employer.

Any type of theft is a crime of dishonesty and “moral turpitude”. A theft conviction may result in you being discharged from your current job, especially if your job involves handling money such as banking, cashier, bookkeeper, investments, stocks and bonds.

Avoid Criminal Charges

If you’re charged with a California theft crime, it is possible to avoid conviction, fines and/or jail completely depending on the facts of your case. Your attorney can be the greatest single factor in determining the outcome of your conviction. In some cases, your attorney may be able to reduce the misdemeanor theft charges to a simple infraction requiring a small fine to be paid, also known as Penal Code Section 490.1.

Experience Counts

Rodriguez, Lewis & Kahn understand the seriousness of a conviction of a theft crime and how it can affect the rest of your life. Contact us early in the process. We will take the time to discuss your case, defenses and all your legal options. As qualified and experienced criminal defense attorneys we will guide you in the right direction and assist you in making critical life-changing decisions.

• Prepare and investigate all the facts.
• Identify and interview witnesses.
• Interview the victim(s) and obtain statements from them.
• Request a copy of a store video.
• Contact Loss Prevention to negotiate a civil settlement as an alternate to criminal prosecution.
• Contact the prosecutor’s office prior to the formal filing of a complaint.
• Eliminate bail requirements and prepare motions for Own Recognizance (OR) status (i.e. Release without bail).
• Prepare an aggressive defense.
• Coordinate and prepare a private lie-detector test.
• Ensure that the accused is employed by the time of his first court appearance.
• Prepare letters of reference, character, or support.
• Prepare all formal motions for dismissal of the case.
• Obtain a psychologist’s evaluation report showing that counseling may be a better alternative to jail.
• Explore alternatives to jail, such as house arrest or electronic monitoring.

Hire The Right Criminal Defense Lawyer!

If you’ve been charged with a theft crime and you hire an attorney who is not familiar with the California laws regarding theft crimes, you may miss an important opportunity for the charges to be dropped or reduced. You must speak to an experienced attorney so that they can properly evaluate your case and develop a defense strategy early on. Rodriguez, Lewis & Kahn have the experience that counts. They know how to get the best results for your case! Contact us for a free evaluation.