San Diego Theft Defense Attorney

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.

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.

2. 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.

3. 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.

4. 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.

2. 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.

3. 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.

4. 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.

2. 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.

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 619-493-3461.