Theft Crimes

You can be arrested and charged with a theft crime if you take another person’s property against their will. Theft crimes range from minor offenses like shoplifting to severe crimes like robbery and burglary. Before you face a conviction for a theft crime, the prosecution must prove all the elements of the offense beyond a reasonable doubt.

Facing an arrest and conviction for a theft crime can be a life-changing experience. This is because the consequences of a conviction for these offenses can go beyond incarceration, fines, and probation. The conviction will leave a permanent criminal record that can affect your personal and professional lives.

Therefore, you must be aggressive to fight your theft crime charges and avoid a conviction. The success of your theft defense in California will depend on your choice of legal representation. If you or your loved one battle theft crime charges in San Diego, CA, you will benefit from our expert legal guidance at the Law Offices of Anna R. Yum.

The following are some of the most common theft crimes with which you could be charged under California law:

Grand Theft

Under California PC 487, grand theft involves taking another person’s property worth $950 or more without their consent. Depending on the circumstances, grand theft could be accomplished by trick, embezzlement, or larceny. You will be found guilty of grand theft if the following elements of the offense are clear:

• You took property belonging to another person.
• You took the property without another person’s consent.
• The property was worth $8950 or more.

The elements that the prosecution must prove to secure a conviction for grand theft against you will depend on the nature and circumstances of your case. Grand theft is a wobbler. This means the crime can be charged as a felony or a misdemeanor.

Your criminal history and the circumstances of your case will determine the nature of your charges. As a misdemeanor, grand theft is punishable by a year in jail. A felony conviction, on the other hand, will result in a prison sentence ranging from sixteen months to three years in prison. The court can also impose probation and hefty fines. If the item you took is a vehicle or firearm, you will face felony charges.

Petty Theft

California PC 484(a) defines petty theft as wrongfully taking property belonging to another person without their consent. You will be arrested and charged with grand theft if the property you took is $950 or less. Like grand theft, petty theft can be accomplished through trickery, larceny, or embezzlement. The prosecution must prove these elements to secure a conviction against you:

• You took property belonging to another person. The alleged victim of your act does not have to be the actual property owner. Having temporary property control is enough to make someone a property owner.
• The value of the property you took was $950 or less. You will be found guilty of petty theft if you take property worth $950 or less. You will be charged with grand theft if the property value exceeds this amount.
• You moved the property or kept it away from the owner. The final element that established your liability for petty theft is that you moved the property and intended to deprive the owner of its enjoyment.

Petty theft is a misdemeanor that carries a sentence of one year in jail and up to $1,000 in fines.

Embezzlement

You commit a crime of embezzlement when you fraudulently appropriate property or money entrusted to you. Although embezzlement is not accomplished by fear or violence, a conviction for the offense can result in severe legal and collateral consequences. The elements of embezzlement under PC 503 include:

• A Person Entrusted Their Property or Money to You

A conviction under this statute requires the prosecution to show that the property owner placed you in a position of trust. This could occur in employer-employee relationships where the employee receives limited access to and control over property. Establishing the position of trust requires concrete evidence of the trust between you and the alleged victim.

• You Used the Property for Personal Benefit

Another factor that helps prove your liability Under PC 503 is that you used the property entrusted to you. This occurs when you cause the other person to lose the property by breaching your trust and confidence.

• You Acted With the Intent to Deprive the Owner of its Use

You will only be found guilty of embezzlement when there is clear evidence that you intend to deprive the property owner of its use. Intending to return the property to its owner is not enough to exonerate you from liability for the offense.

Embezzlement is charged as petty or grand theft, depending on the value of the property or the amount you misappropriated. You will be sentenced to a maximum of three years in jail when charged with grand theft. However, if your embezzlement is charged as petty theft, you will spend up to one year in county jail.

In addition to incarceration, embezzlement can taint your reputation and cause severe immigration consequences.

Burglary

You could be arrested and charged with burglary for breaking into a structure intending to commit grand theft or another felony offense. You will be found guilty of burglary under Penal Code 459 if the prosecution proves the following elements:

• You entered a locked building or vehicle. You commit a crime of burglary when you forcefully enter a commercial or residential property.
• You entered the building intending to commit grand larceny or another felony. Your intention when entering the locked vehicle or building should be clear before you face a conviction for burglary in California.
• The value of the property you intended to take must have been $950 or more.

Burglary is divided into first- or second-degree offenses, depending on the nature of the building you entered and the crime you intended to commit. You will be charged with first-degree or residential burglary if you enter residential property. This offense is a felony, which will see you spend up to three years in prison after a conviction. Additionally, up to $10,000 and felony probation could be imposed.

On the other hand, second-degree commercial burglary involves entering a commercial building forcefully and is a misdemeanor. A second-degree burglary conviction is punishable by a year in county jail and fines not exceeding $1,000.

The stakes are high for defendants facing charges of burglary. Therefore, you must hire and retain a reliable defense attorney to help you fight the charges.

Robbery

Under California Penal Code 211, robbery is the crime you commit when you take another person’s property in their immediate presence using fear, force, or violence. The elements used to establish the crime of robbery include:

You Took Property Belonging to another Person

Taking property means gaining possession of a certain item or moving it a distance away from the owner.

The Item You Took was in Another Person’s Immediate Possession

You commit a crime of robbery if you take property in the immediate possession of another person. While this does not mean that the other person was holding the property, they would have had immediate control of the item you took.

You Took Property Against the Other Person’s Will

You will only be found guilty of robbery if you take property from another person against their will. This means that the victim does not consent to you taking the property. For example, if you scare a person with a weapon and they run away, leaving their property to you, you could be charged with robbery.

You Used Fear or Force to Take Away the Property

California law distinguishes robbery from other theft crimes because a defendant must have used fear or violence to accomplish the crime. Fear means acting in a way that causes the alleged victim to fear for their safety or that of their family. Force, on the other hand, means physical harm to the alleged victim.

While force and fear are critical elements in proving robbery, the slight physical touch that occurs during crimes like pickpocketing cannot suffice for force under PC 211.

You Intended to Deprive the Property Owner of Its Use

The last element that the prosecution must prove when establishing PC 211 is your intent to permanently or temporarily deprive the property owner of its use.

Robbery can be charged as first-degree or second-degree, depending on the circumstances of your case. First-degree robbery occurs when you take property from a residential home and are charged with a felony. A conviction for this offense will see you spend up to six years in prison.

Any other robbery that does not qualify as first-degree is charged as second-degree. A conviction for second-degree robbery is punishable by a prison sentence ranging from two to five years.

Receiving Stolen Property

California law makes buying, receiving, or concealing stolen property a crime. While many offenses focus on the actual perpetrator who takes away another person’s property, Penal Code 496 seeks to prosecute anyone who receives or purchases these items. Before you face a conviction under this statute, the prosecution must prove these elements of the crime:

You Purchased, Received, Sold or Withheld Stolen Property

The first and most critical element is that the prosecution must show that the property was stolen. Under PC 496, property is considered stolen if it is obtained through theft, robbery, burglary, or extortion.

You Knew or Should Have Known that The Property was Stolen

Another element that must be clear when proving your guilt for receiving stolen property is that you knew or should have known that the items you received were stolen. You cannot be convicted if you reasonably believe the goods were legitimately acquired.

Receiving stolen property is a wobbler, meaning the prosecutor can file felony or misdemeanor charges against you. As a misdemeanor, the offense is punishable by a jail sentence of up to one year and fines not exceeding $1,000. A felony conviction, on the other hand, will attract a prison sentence of sixteen months to three years. Additionally, the court can impose felony probation and up to $10,000 in fines.

Probation for Theft Crimes in California

Several sentencing options are available for defendants facing theft crimes in California. This includes incarceration, fines, and probation. In most cases, probation is imposed as an alternative to jail or prison. You can be sentenced to probation for a felony or misdemeanor.

Felony probation lasts three to five years, while misdemeanor probation lasts up to three years. Not all individuals are eligible for probation. Instead, the court offers probation to first-time offenders and defendants without a violent criminal history. Although probation saves you from spending time behind bars, the court will impose strict conditions for the sentence, including:

• Pay victim restitution. Theft crimes result in the loss of property or money for the victim. Therefore, if you are sentenced to probation, the court may order that you compensate the victim of your crimes for their losses.
• Pay court fines. California has three main sentencing options: incarceration, fines, and probation. As part of your probation, you must pay all the court fines.
• Avoid committing other crimes. If you are on probation for a theft crime in California, you must avoid engaging in other criminal acts. A criminal arrest while on probation could result in probation revocation and reinstatement of the original sentence.
• Perform community service. Being sentenced to probation means you will not spend much time behind bars. Instead, you will spend part of your sentence on community service.
• Regular check-ins. While serving probation in California, you must report your progress regularly. For defendants on felony probation, you must report the progress to a court-appointed probation officer. On the other hand, defendants on misdemeanor probation must report to the court.
• Consent to police searches. Police officers must have a valid warrant to search your person or property in California. However, if you are on probation for a theft crime, you must consent to random police searches.
• Avoid giving consent to certain individuals. Sometimes, the court associates four criminal acts with the individuals you spend time with or your environment. In this case, the court can impose a probationary condition mandating that you avoid contact with such individuals.

Collateral Consequences of a Theft Crime Conviction

In addition to the anxiety of facing criminal penalties for your theft crime, there is the fear of how the conviction can impact your life. While you can lose your freedom for several years, the consequences of a theft crime conviction can affect you long after you are released from jail or prison. The collateral consequences of your theft conviction include:

Job Application Difficulties

Your theft crime conviction will remain on your record until you take legal action to eliminate it. In California, criminal convictions are public records. This means that while your potential employer performs a background check on you, they could find the conviction and use it to deny you the job opportunity. Additionally, you can lose a job that you already have after your conviction.

College Applications and Graduate Programs

A theft crime conviction ruins your reputation and can make getting into a good college or university challenging. Although you may be accepted into college, you can be denied financial aid or government funding due to your criminal background.

Loss of a Professional License

If you work in a profession where you need a practice license, you can lose the license and your livelihood after a conviction for a serious theft crime like robbery. After your conviction, your licensing board will be notified and can use it to revoke or suspend your license.

Difficulty Renting an Apartment

Most landlords will check your background before renting or leasing a residential property. This is to ensure the safety of other people. With a criminal conviction for a theft crime on your record, you can find securing a nice place to live challenging.

Immigration Consequences

If you are an immigrant in the United States, a criminal conviction will do more harm than land you behind bars. If you are convicted of a felony theft crime, you risk facing severe immigration consequences. This could include deportation or being rendered inadmissible in the US.

Firearm Restrictions

Theft crimes could be anything from shoplifting to serious offenses like robbery and violence. If you use a firearm to commit a crime or use excessive force to accomplish a theft crime, the court will take away your right to own, purchase, or use a firearm. After the arrest, you may be required to surrender your guns to law enforcement officers.

Legal Defense Against Theft Crimes

The consequences of your theft-crime conviction could be severe and life-changing. Therefore, you must aggressively fight to beat the charges and avoid the conviction. With the guidance of a reliable theft crime defense attorney, you could use the following arguments to build a defense in your case:

Lack of Intent

Most theft crimes require the prosecution to prove your intent to take something belonging to another person. Fortunately, proving criminal intent is challenging for the prosecution. This increases your chances of beating the charges and avoiding a conviction.

Consent

A significant factor that the prosecution must prove when establishing your liability for a theft crime is the lack of consent to take away the property. You can avoid a conviction by arguing that the property owner handed it to you or allowed you to take it.

Mistaken Identification

Most theft crimes occur in dark arrears during the night. This can make it challenging for the witnesses to identify the actual perpetrator of the offense correctly. If you meet the offender’s physical description or are in the wrong place at the wrong time, you could be mistakenly identified as the person who committed the offense.

When you hire a skilled criminal defense attorney, they can help you argue that you have been mistakenly identified by establishing an alibi when the offense occurred.

Claim of Right

You commit a theft crime by taking something that belongs to another person. Therefore, one of the factors that the prosecution must prove beyond a reasonable doubt is that the property belonged to another person. You can use the claim of right defense by arguing that you reasonably believed the property belonged to you.

Dispute the Property Value

The type of theft crime for which you will be charged can depend significantly on the property’s value. For example, you will be charged with grand theft if the property you took is worth more than $950. Grand theft could result in a felony conviction and severe legal consequences. You can dispute the item’s value, making your crime petty theft a misdemeanor.

Entrapment

Sometimes, arrests for theft crimes arise as a result of police sting operations. This could occur when law enforcement officers receive a tip from a gang that commits theft crimes. When setting up the sting operations, the police officers create a conducive environment for you to commit the crime. You can argue that you were entrapped and could not commit such a crime under normal circumstances.

Find a Skilled Criminal Defense Attorney Near Me

Theft involves taking property that belongs to another person without their consent. A theft crime could be committed by tricking another person into giving you their property, using force or violence, and misusing property entrusted to you.

California theft and crime laws are often stringent. Theft crimes are classified as felonies or misdemeanors, depending on the circumstances and the value of the property stolen. A conviction for a theft crime as a felony or a misdemeanor can have severe legal and collateral consequences.

Fortunately, not all charges for these offenses can be proven beyond a reasonable doubt. With the guidance of a competent criminal lawyer, you could build a strong defense to avoid a  conviction. Seeking legal insight is a critical part of fighting your charges. Your attorney will investigate the facts of your case, build your defense, and protect your rights.

At Law Offices of Anna R. Yum, we offer top-notch legal guidance for all our clients battling criminal charges in San Diego, CA. Call us at 619-493-3461 to discuss your case details.