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Theft is a serious offense in California, and those convicted of these crimes can face a range of penalties, from fines to imprisonment. The particular theft charge and punishment you receive depend on several factors, including the value of the property involved and the specific circumstances of the offense. For example, you face charges for crimes such as grand theft, robbery, burglary, or receiving stolen property.

If you are facing theft charges in San Diego, you can talk to us at the Law Offices of Anna R. Yum. We have the expertise and experience to help you navigate complex theft charges. We will thoroughly assess your case, build a strong defense strategy, and advocate for your best interests in court.

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Grand Theft

California Penal Code 487 PC defines Grand Theft as stealing property worth over $950. The offense also encompasses stealing property directly from a person or stealing a motor vehicle or firearm, regardless of their value.

There are four main ways to commit grand theft, each with distinct elements that prosecutors consider when filing charges. These include:

  1. Grand Theft by False Pretense

Under California Penal Code 532, theft by false pretense occurs when you knowingly deceive another person into giving you possession of their property. The plaintiff relies on the false pretense to give up ownership of the property.

The prosecutor must prove the following elements before the court can convict a defendant:

  • The defendant knowingly and intentionally deceived the victim by telling them something false.
  • The defendant made the false pretense to persuade the victim to let them take possession of the property.
  • The victim relied on the false pretense and gave the defendant possession of the property.

False pretense must be one of the main reasons why the victim gave up their property. However, that cannot be the sole reason. Also, the prosecutor should have any of the things below to prove that you committed a theft by false pretense offense:

  • A fraudulent document or item. This could be something like a counterfeit check or a forged contract.
  • A statement written or signed by you. The document should detail the false information you presented.
  • Statements from at least two witnesses. These witnesses would testify to the deception they observed.
  • Testimony from one witness combined with additional evidence to strengthen the witness’s account and support the claim of a false pretense.
  1. Grand Theft by Larceny

Grand theft by larceny is the theft of physical property with a value exceeding $950. The offense could involve:

  • Taking another person’s property.
  • Taking the property without the owner’s consent or permission.
  • After taking the property, you intended to keep it permanently or for an extended period. By permanently depriving the property owner, you deprive them of the property’s use and value.
  • Physically moving the property (even a short distance) and retaining possession for any duration.

Shoplifting offenses where the value of stolen goods surpasses $950 in California can be classified as grand theft by larceny.

  1. Grand Theft by Trick

This involves using fraud or deceit to manipulate the property owner into letting you take possession of their belongings. The owner doesn’t intend to give up ownership, just temporary control.

Elements of the crime include:

  • You are aware that the property belongs to someone else and have proceeded to obtain it.
  • You employ deceit or fraud to manipulate the owner into giving you possession.
  • Your intention is either to keep the property permanently or to deprive the owner of its use and value for an extended period.
  • You gain control of the property, even for a short time.
  • The property owner never intended to give you full ownership rights.

Both theft by trick and false pretense have some similarities, such as deception. But, in theft by false pretense, the victim unknowingly transfers both possession and ownership of the property. With theft by trick, the victim only surrenders temporary possession.

  1. Theft by Embezzlement

Theft by embezzlement involves a breach of trust where the owner of the property places you in a position of responsibility over their property or assets. This could be an employee handling company funds or a caretaker entrusted with valuables.

As the employee, you exploit that trust by using or taking the property in a way that benefits you personally, going against the owner’s intended purpose for it. Your actions aim to deprive the owner of their property, even if the deprivation is intended to be temporary.

Even if you plan to return the property eventually, you might still face embezzlement charges. The key is that you intended to deprive the owner, however briefly. An example is an employee “borrowing” company funds for a short period with the intent to pay them back.

Prosecutors can use various legal theories under “grand theft”. The jury does not need to unanimously agree on the specific theory, only that you unlawfully took someone’s property. If the jury can’t agree on grand theft but does agree that some kind of theft occurred, you might be convicted of a lesser offense, like petty theft.

Petty Theft

California Penal Code 484(a) defines petty theft as the unlawful taking of another person’s property with a value of $950 or less. Similar to grand theft, petty theft can also be committed in a few different ways:

  1. Theft by Larceny

The most common form of petty theft, theft by larceny, involves the physical taking of another person’s property without their permission and the intent to deprive them of it. The property must be valued at $950 or less for it to fall under petty theft.

Often than not, items are personal, for example:

  • Clothes.
  • Home appliances.
  • Jewelry,
  • Furniture.
  • Electronic devices.
  1. Theft by Trick

Under California law, this offense entails using fraud or deceit to manipulate a property owner into temporarily giving up possession. However, the trickster intends to deprive the owner of their property permanently.

  1. Theft by Embezzlement

According to California PC 503, theft by embezzlement occurs when someone entrusted with property valued at $950 or less fraudulently takes or uses it for their own purposes. The prosecutor must prove in court that:

  • The defendant was in a position of trust regarding the property.
  • The defendant converted the property in a way that violated their fiduciary duty.
  • The defendant intended to deprive the owner of their property, even temporarily.

Note that the intention to return property is not a defense under California law.

  1. Theft by False Pretenses

You commit this offense by deceiving someone through knowingly false representations to obtain property valued at $950 or less. Per California PC 532, the deceived person relies on this lie to relinquish ownership.

Petty Theft with a Prior Offense

Penal Code 666 PC defines Petty Theft with a Prior Offense as a crime that occurs when someone commits petty theft (theft of property valued at $950 or less) and has a qualifying prior conviction.

Elements of the Crime

The court will only sentence you if the prosecutor demonstrates the following:

  • You committed petty theft.
  • You have a qualifying prior conviction for a theft crime, where you served jail time.
  • Additionally, you have a prior conviction for a violent offense or a specific sex crime.

The offenses that could result in enhanced punishment include the following:

  1. Felony receiving stolen property.
  2. Robbery.
  3. Carjacking.
  4. Grand and petty theft.

Penalties

Petty theft with a prior offense can be charged as either a misdemeanor or a felony. If facing a misdemeanor charge, possible sentencing is serving jail time for no more than one year. You could face a maximum sentence of three years in county jail if convicted of a felony offense.

Receiving Stolen Property

Receiving stolen property is a crime punishable under California PC 496. For a conviction of this offense, the prosecutor must prove the following:

  • The defendant bought, received, sold, concealed, or withheld stolen property.
  • Defendant knew property had been stolen or extorted.

Property is considered stolen under California law if the defendant obtains it through robbery, burglary, or theft such as embezzlement or larceny. You obtain property through extortion under PC 518 if you take it without the owner’s permission and through fear or force.

‘Receiving’ suggests you have taken control of stolen property. The law does not require you to be sole owner of the property. Two or more people can be in possession of an item at the same time. Also, you could have control over an item without touching or holding it.

The prosecutor is required to prove you knew the property was stolen. Sometimes the court could jail you even though the prosecution cannot demonstrate that you knew that property was stolen. For example, if you do business with people who deal with collectibles, you could face a charge for a PC 496 if you acquire goods and fail to find out if they are stolen after even having suspicions.

Punishment for Receiving Stolen Property

The penalties for Receiving Stolen Property vary depending on the value of the stolen property:

  1. Misdemeanor

Up to one year in jail, a fine of up to $1,000, or summary probation (probation without formal supervision). This applies if the value of the stolen property is less than $950, regardless of any prior offenses.

  1. Felony

Up to three years in jail and a fine of up to $10,000. This applies when the value of the stolen property is $950 or more.

Burglary of a Safe or Vault

Burglary of a safe or vault is a type of theft crime punishable under California Penal Code 464. It specifically occurs when someone enters a building with the intent to commit a felony inside and then forcibly opens a safe or vault within that building.

Elements of the Offense

The prosecutor should demonstrate beyond a reasonable doubt the following elements before the court can convict you:

  • You entered a building, a room within a building, or a locked vehicle.
  • You had the specific intent to commit a theft or felony within the structure.
  • You used force, such as tools, explosives, or other means, to open or attempt to open a safe or vault.

Penalties for a PC 464 Violation

Burglary of a safe or vault is a felony offense in California. The potential consequences include:

  • Three, five, or seven years in county jail. California’s Realignment Act may affect the length of the sentence.
  • Fines of up to $10,000.
  • Formal (felony) probation.

The intent to commit a felony or theft is central to this crime. Even if nothing is taken from the safe or vault, the mere act of breaking in with the intent to steal or commit a felony meets the requirements for this charge.

Grand Theft Auto

California Penal Code 487(d)(1) defines this offense as taking another person’s vehicle without their permission with the intent to deprive them of it. The value of the vehicle must be greater than $950 for this charge to apply.

What the Prosecutor Must Prove

The prosecution must prove the following elements to secure your conviction:

  • You took someone else’s vehicle.
  • You did not have the owner’s permission to take the vehicle.
  • You intended to deprive the vehicle owner, either temporarily or permanently.

Possible Punishment, Sentencing, and Penalties

Grand Theft Auto is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony. Below are the possible penalties:

  1. Misdemeanor. Up to one year in county jail.
  2. Felony. 16 months, two years, or three years in state prison or felony probation with up to one year of jail time.

Factors influencing the punishment you receive:

  • Value of the vehicle.
  • Your criminal history.
  • Any aggravating or mitigating factors.

Note that even temporarily taking a vehicle for a “joyride” can cause grand theft auto charges. The intent does not need to be for financial gain.

Shoplifting

In California, a PC 459.5 violation is entering a commercial establishment during regular business hours with the intent to steal property worth $950 or less. You face a conviction if the prosecution establishes the following elements beyond a reasonable doubt:

  • You entered a store or other business open to the public.
  • The entry occurred while the establishment was open for regular business or during business hours.
  • You intended to take merchandise worth $950 or less without paying for it.

Shoplifting is a misdemeanor in California, punishable by:

  • Serving time in a county jail for up to six months.
  • Fines not exceeding $1000.
  • Informal probation.

Prior theft-related convictions can affect the severity of the charges and penalties for a shoplifting conviction. If the value of the stolen goods exceeds $950, the defendant could face grand theft charges.

Robbery

Robbery is the taking of someone’s property against their will using force or fear. It is a serious violent crime and is always charged as a felony under PC 211. The prosecution must prove the following to secure a robbery conviction in California:

  • You took personal property that was not your own.
  • You took the property out of your victim’s immediate presence.
  • You took the property against the owner’s consent.
  • You used fear or force to make the plaintiff give up the property.
  • Intended to permanently or temporarily deprive the victim of their property.

Robbery in California is classified into two main categories, each with different penalties:

First-Degree Robbery

This is robbery committed in a dwelling, inhabited vehicle, inhabited vessel like a houseboat, or a direct victim of a public transport provider such as a bus driver. Upon conviction, you face a 3, 6, or 9-year prison sentence.

Second-Degree Robbery

This includes all other robberies. The offense is punishable by 2, 3, or 5 years in state prison.

Using a weapon during the robbery is an aggravating factor; hence, can significantly increase the sentence. And since robbery is a violent and serious crime with life-altering repercussions, it is considered a “strike” offense under California’s Three Strikes Law.

Burglary

Burglary is entering a structure with the intent to commit grand or petty theft or any felony. Under Penal Code 459, burglary is a broader crime than theft, as it emphasizes unlawful entry rather than the actual taking of property.

For you to face a conviction, the prosecutor must establish certain elements beyond a reasonable doubt. These elements include:

  • You entered a building, a room within a building, or a locked vehicle.
  • You intended to commit a felony such as theft and assault or any theft offense, whether grand or petty, at the moment of entry.

Burglary charges and penalties depend on the degree of the offense:

  1. First-Degree Burglary (Residential) – Entering an inhabited dwelling with the intent to commit theft or a felony. This is a felony, punishable by 2, 4, or 6 years in state prison.
  2. Second-Degree Burglary (Commercial) – Entering any other type of building, structure, or locked vehicle with the intent to commit a crime. This is a “wobbler”, meaning it can be charged as a felony attracting 16 months, two years, or three years in state prison or a misdemeanor attracting up to one year in county jail.

Looting

In California, looting is any theft (grand or petty) or burglary committed during a state of emergency, local emergency, or evacuation order stemming from a natural or man-made disaster. Situations that can trigger looting charges include earthquakes, floods, fires, riots, or other civil unrest.

Elements of a PC 463 violation are:

  • There is an officially declared state of emergency, local emergency, or evacuation order.
  • You committed burglary, grand theft, or petty theft regardless of whether you were charged for the underlying crime or not.

Looting in California is a “wobbler” offense. It can be charged as either a misdemeanor or felony, with varying penalties. If convicted of misdemeanor looting, you face a jail term of up to one year. A felony for looting carries a prison sentence of 16 months, two years, or three years.

Defenses Against Charges Of Theft In California

Every criminal case is unique, and there are always potential defenses specific to the facts of a given situation. The best course of action is to consult a qualified criminal defense attorney who can assess the details of your case and determine applicable legal defenses. Common defense strategies include:

You Had The Right To The Property

If you are the rightful owner of the property and can demonstrate ownership rights through documents (receipts, bills of sale, etc.), it completely negates theft charges. If you can establish you inherited the property through a will or trust document, it can be a strong defense against theft accusations, especially if there’s a dispute among family members.

Sometimes, a prior agreement or consent from the owner might justify taking the property. However, this is very specific and depends heavily on the nature of the agreement. For instance, a verbal agreement to borrow a tool might not hold up in court compared to a written contract.

You Lacked The Intention To Commit Theft

Most theft crimes require proof that the defendant took the property of another with the intent to either permanently or temporarily deprive the owner of its use or value. Therefore, negating this element results in a successful defense.

Sometimes, especially in stores, honest mistakes happen. You might think you’ve paid for something but haven’t, or genuinely mistake a similar item for your own and walk out with it. To make this defense work, you’ll need to demonstrate that your taking of the property was entirely unintentional. The lack of any attempt to conceal the item and your cooperation with authorities can bolster this claim.

You Acted With The Property Owner’s Consent

When accused of theft, one potential defense is to argue that the owner of the property in question consented to your actions. For you to win the case, you must show that the owner knowingly and willingly gave you permission to take, use, or possess their property. This consent must be genuine, not obtained under false pretenses or through coercion.

You must also show that your actions did not cross the boundaries of the permission given. If the owner agrees to let you borrow their car for the weekend and you keep it for a month, the consent defense may no longer apply.

False Accusations

If you weren’t the one who committed the theft, you need to prove it. This might involve providing an alibi that places you elsewhere at the time of the crime. It could also involve presenting evidence that demonstrates another individual committed the theft, perhaps with the help of witness testimony or security camera footage.

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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) 233-4433 to discuss your case details.

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I am so grateful to have Anna and her team help me with my case. They had been with me every step of the way through a long (almost 3 year) case, and they had made me feel safe in my position when I felt like, at times, I may fail. I can not thank each…

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Find a Theft Crimes Defense Attorney Near Me

The consequences of a theft conviction extend far beyond fines or jail time. A conviction could affect your employability, reputation, and even your immigration status. Therefore, if you are facing theft charges, you want to act quickly and seek legal representation.

Fighting California theft-related charges needs quality legal counsel. A skilled criminal defense attorney can help you protect your rights, review the evidence, build solid defenses, and have your charges dropped or even dismissed.

At the Law Offices of Anna R. Yum, our team of San Diego defense attorneys will work tirelessly for you, by creating effective defense strategies and representing you in court. Do not leave your freedom and reputation to chance. Contact us today for a confidential consultation at (619) 233-4433.

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