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:
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. |
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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.