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Stephen G. Rodriguez
& Associates
Attorneys at Law


633 West 5th St.
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

CALIFORNIA THEFT CRIMES

Grand Theft Petty Theft Shoplifting
Stolen Property
Other Theft Crimes

Los Angeles Criminal Attorney
California Defense Lawyer

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 includes the following as Theft Crimes:

• Shoplifting or Petty Theft • Larceny   • Embezzlement
• Grand Theft • Burglary • Forgery
• Grand Theft Auto • False Pretenses • Identity Theft
• Robbery • Receipt of Stolen Property

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 is divided into two degrees: Petty Theft and Grand Theft.

Petty Theft or Shoplifting
Petty theft more commonly known is the stealing of merchandise valued at less than $400 from a retail store, library, utility or person.

• First-time offenders are looking at a misdemeanor with a maximum of 1 year in jail, restitution and approximately $200 in fines. 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 a prior constitutes a felony and is charged under Penal Code Section 666)


Grand Theft

This is a crime in which a person steals goods worth over $400 or money exceeding $400. Grand Theft is a serious offense and can be charged as either a misdemeanor or a felony.

A felony conviction is punishable by a year in county jail or even 16 months in state prison.

Theft Convictions Have Serious Consequences
If you are convicted of any of the above theft crimes, you could be facing any number of penalties, including:

  • Jail
  • Probation or parole
  • Restitution (paying back victims for their loss)
  • Court-ordered counseling
  • 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.

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 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.

An Experienced Lawyer is Your Best Option
Stephen G. Rodriguez & Associates understands the 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 and any defenses, and guide you in the right direction.

    Some of the things we can do to help include:
  • Prepare and investigate all the facts
  • Identify and interview witnesses
  • Interview the victim(s) and obtain statements from them
  • Contact the prosecutor’s office prior to the formal filing
  • Eliminate bail requirements and prepare motions for Own Recognizance (OR) status
  • 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
  • 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

Stephen G. Rodriguez has the experience that counts. He knows how to get the best results for your case! Contact us for a free evaluation.


Theft Crimes Defined

Grand Theft Auto is a crime consisting of driving or taking a vehicle without the consent of the owner with the intent to permanently or temporarily deprive the owner of the vehicle. This crime may be charged as a misdemeanor or a felony and is punishable by either a year in county jail or up to 3 years on state prison.

Robbery is the taking of property of another by force or threat of force. Robbery is a felony and a strike in California.

Larceny involves another person's personal property that must be capable of being possessed and carried away. Thus, real estate, services and other intangible "properties" cannot be objects of larceny.

Burglary consists of breaking and entering a home with the intent to commit a theft or a felony. In California, First Degree Burglary is charged as a strike. All other burglaries are considered Second Degree and can be charged as a misdemeanor and are not strikes.

False Pretenses are the use of false statements to obtain anothers property.

Receiving Stolen Property is buying, receiving or having in your possession property from another person that is stolen or known to have been stolen.

Embezzlement is the taking of property or money of another while the property or money was in your lawful possession. In other words, the wrongdoer acquires possession of the property lawfully and then converts the property to his or her own use.

Forgery is when a person makes or alters a writing with the intent to defraud someone. This may include a check, money order, deed, invoice, or anything else written or printed/signed that has value.

Identity Theft is the act of impersonating someone by using their personal information (birth date, social security number, bank account information) for any unlawful purpose.

Hire the Right 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 charges to be dropped or reduced. You must speak to an experienced attorney so that he can properly evaluate your case and develop a defense strategy early on.

Your defense starts the minute you hire us. Stephen G. Rodriguez has successfully represented many people charged with theft crimes. He and his team have been able to achieve some excellent results for his clients in cases that at first did not appear defensible.

IF YOU ARE BEING CHARGED WITH A THEFT CRIME, CONTACT MY OFFICE TODAY.

 

 

 

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