Theft Crimes Criminal Defense
Theft crimes in California encompass a broad range of activities that involve taking someone else’s property without their consent, with the intent to permanently deprive the owner of its possession. Theft can include stealing physical property, money, services, or even intellectual property. The charges can vary in severity based on the value of the stolen property, the circumstances of the theft, and the accused’s criminal history.
Types of Theft Crimes in California
California law categorizes theft crimes into several types based on the method of theft and the value of the stolen property. The most common types of theft crimes include:
Petty Theft: Petty theft occurs when someone unlawfully takes property valued at $950 or less. Under California Penal Code Section 484(a) and 488, this type of theft is generally charged as a misdemeanor. Petty theft is most commonly associated with shoplifting, where individuals are accused of merchandise from a store without paying for it.
The penalties for petty theft include up to six months in county jail, a fine of up to $1,000, or both, plus victim restitution. First-time offenders may qualify for diversion programs, which can help avoid a criminal record.
Grand Theft: Grand theft involves stealing property valued at more than $950 or certain types of property, such as firearms or vehicles, regardless of their value. Under Penal Code Section 487, grand theft can be charged as either a misdemeanor or a felony (a “wobbler” offense), depending on the circumstances and the defendant’s prior criminal record.
The penalties for grand theft vary based on how it is charged. A misdemeanor conviction may result in up to one year in county jail, while a felony conviction can lead to 16 months, two years, or three years in prison. Theft of a firearm is always charged as a felony and can carry additional enhancements under California’s sentencing laws.
Shoplifting: Shoplifting, defined under Penal Code Section 459.5, occurs when an individual enters a commercial establishment during business hours with the intent to steal property worth $950 or less. Shoplifting is generally charged as a misdemeanor.
If the value of the property exceeds $950, the offense may be charged as burglary instead. Shoplifting is often treated less severely than other theft crimes, and first-time offenders may be eligible for diversion or probation.
Burglary: Burglary involves entering a building, room, or structure with the intent to commit theft or any felony inside. California Penal Code Section 459 divides burglary into two degrees:
- First-degree burglary refers to entering a residential property and is always a felony. Convictions can result in two, four, or six years in state prison.
- Second-degree burglary involves commercial properties and can be charged as either a misdemeanor or felony, depending on the circumstances. A misdemeanor second-degree burglary charge is punished with up to 1 year in county jail, while a felony second-degree burglary charge is punished with up to 3 years in state prison.
Embezzlement: Embezzlement occurs when someone unlawfully takes property that has been entrusted to them, typically in an employment or fiduciary relationship. Under Penal Code Section 503, embezzlement is prosecuted based on the value of the property taken. If the property’s value is less than $950, it may be treated as petty theft; otherwise, it may be charged as grand theft.
Receiving Stolen Property: Receiving stolen property, under Penal Code Section 496, occurs when someone buys, receives, or possesses property they know is stolen. This offense can be charged as a misdemeanor or felony depending on the value of the stolen property. Penalties may include jail time, fines, and restitution to the rightful owner. A misdemeanor charge of receiving stolen property is punished with up to 1 year in county jail, while a felony charge is punished with up to 3 years in state prison.
Defenses to Theft Charges in California
Being accused of theft does not automatically lead to a conviction. Several legal defenses can be used to challenge theft charges. Common defenses include:
Lack of Intent: The prosecution must prove that the defendant intended to permanently deprive the owner of the property. If the defendant did not have this intent – for example, if they mistakenly believed the property belonged to them or they intended to return it – the charges may not hold.
Claim of Right: A valid defense to theft is the claim of right, where the defendant genuinely believed they had a legal right to possess the property. This defense requires demonstrating that the belief was honest, even if it was mistaken.
Mistake of Fact: If the defendant believed the property was abandoned or that they had permission to take it, this misunderstanding can serve as a defense.
Consent: If the property owner consented to the defendant taking the property, no theft occurred. Establishing consent can help undermine the prosecution’s case.
False Accusation: In some cases, people may be falsely accused of theft due to misunderstandings, personal conflicts, or mistaken identity. A skilled criminal defense attorney like Mirta C. Fuguet can help uncover evidence to prove your innocence.
Insufficient Evidence: The prosecution has the burden of proving guilt beyond a reasonable doubt. If there is insufficient evidence to show the defendant committed the theft, the charges may be dismissed or reduced.
Penalties for Theft Crimes
The penalties for theft crimes in California depend on factors such as the value of the stolen property, the method of theft, and the defendant’s criminal history. The most common penalties include:
- Fines: Theft convictions often result in fines ranging from a few hundred dollars to several thousand dollars.
- Jail or Prison Time: Depending on the severity of the crime, defendants may face jail or prison sentences.
- Restitution: Courts often require defendants to repay the value of the stolen property to the victim.
- Probation: Some defendants may be eligible for probation instead of jail time, particularly for first-time offenses.
- Diversion Programs: For minor theft offenses, courts may offer diversion programs that allow defendants to complete community service, counseling, or education programs to avoid a criminal record.
The Importance of Hiring a Criminal Defense Attorney
Facing theft charges in California can have serious consequences, including jail time, a criminal record, and damage to personal and professional relationships. Hiring a skilled criminal defense attorney like Mirta C. Fuguet is essential to building a strong defense. Attorney Fuguet will investigate the case thoroughly to identify weaknesses in the prosecution’s evidence, negotiate with prosecutors to try to reduce or dismiss charges, and advocate for alternative sentencing options, such as probation or diversion programs.