Theft Lawyer
Understanding Theft Law
Due to the significant, potentially life-altering ramifications associated with theft criminal charges, it is imperative to retain the services of a reputable and effective theft lawyer in California. You should retain counsel as soon as you are either investigated or charged with an offense. Having an effective and skilled theft defense attorney can make the difference between possible harsh consequences of a theft crime or having the case dismissed or plea bargained.
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What is a Theft Charge in California?
Under California law, theft crimes are categorized as criminal acts involving allegedly taking another person’s property or money without their consent or permission. Theft crimes in California can be either charged as a misdemeanor or a felony.
The legal penalties associated with theft crimes typically depend on the specific items or funds that were stolen, the value of those items or funds, and your criminal history (if any).
Let’s take a look at some common theft crimes in the California Penal Code.
Common Theft Crimes
Petty Theft
In California, petty theft is defined as the taking of another person’s property or money valued at $950 or less. Generally, petty theft is a misdemeanor offense. This means that, if convicted, you could be ordered to serve up to six months in jail, pay large court fines, pay the victim for restitution, community service, counseling, probation, and so forth.
Grand Theft
Grand theft is defined as the taking of another person’s property or money that is valued at $950 or more. Grand theft, in contrast to petty theft, is a felony offense. In California, if you are convicted of a felony offense, you could be ordered to serve time in prison, pay large court fines, pay restitution to both the victim and law enforcement, serve probation or parole, and so forth.
Shoplifting
In California, shoplifting is defined as the unlawful appropriation of money, property, or labor worth $950 or less. In simpler terms, shoplifting occurs when an individual takes items for sale from a store without paying. Shoplifting is generally considered to be a misdemeanor offense.
Auto Theft
Auto theft generally involves the alleged stealing of any type of automobile. Auto theft can be charged as a misdemeanor or felony offense, depending on the type and value of the vehicle. For example, pursuant to California Vehicle Code Section 10851, if you are charged with allegedly stealing an ambulance, marked fire department vehicle, or a disabled veteran’s modified vehicle, you could be charged with a felony offense. punishable by up to three years in prison and $10,000 in fines.
Another auto theft offense in California is “joyriding,” which is defined as taking another person’s vehicle without permission, but without the intent to permanently steal the motor vehicle. Generally, joyriding is considered a misdemeanor offense.
Burglary
Under California law, burglary is defined as entering a structure or certain vehicles without permission, or remaining in a structure without consent, with the intent to commit theft or other felony offense. Structures where burglary can occur include the following:
- Aircrafts
- Apartments
- Campers
- Cargo containers
- Homes
- Railroad cars
- Stores
- Tents
- Vessels
- Warehouses
Identity Theft
Identity theft is defined as unlawfully and intentionally acquiring and retaining possession of another individual’s personally identifiable information. Identity theft is generally considered to be a felony offense. If convicted of identity theft in California, you could be ordered to serve up to three years in a state prison, pay restitution to the victim, pay substantial court costs and fines, serve parole or probation, and so forth.
Embezzlement
In California, embezzlement is defined as the unlawful theft or taking of something that has been entrusted to you that belongs to another individual. This type of crime is considered a white-collar crime since it typically occurs in the employment context within a corporate entity or other organization. Embezzlement can be charged as a misdemeanor or felony offense, depending on the amount of the item(s) or funds that were allegedly embezzled. If the value is $950 or greater, then it could be charged as felony grand theft. If the value is below $950, then it could be charged as misdemeanor petty theft.
Fraud
Under California law, fraud offenses are a category of theft crimes where the act of theft is carried out by trickery, artifice, or other devices. Examples of fraud offenses include:
- Credit card fraud
- Insurance fraud
- Forgery
- Public assistance fraud
Understanding the Effect of a Theft Charge On Your Record
Being charged with theft can significantly impact your professional and personal life. For example, a theft charge can adversely impact your reputation, your current job and any future employment prospects. If convicted, you could be incarcerated, and can hinder your ability to rent a residence or obtain a loan.
How a Theft Lawyer Can Help You
Facing criminal charges can be stressful and anxiety-inducing, especially for someone who has never been charged with a crime. Nevertheless, do not give up hope or raise the white flag of defeat. It is important to remember that you have legal rights and protections and are innocent until proven guilty in a court of law. This is where a knowledgeable theft lawyer in California can be of service to you
Here are just some of the ways a theft lawyer can help:
Your California theft defense attorney will advocate on your behalf with the goal of protecting your rights and advancing your best interests.
Your California theft lawyer will utilize their expertise in handling similar cases and navigating the complexities of the California criminal justice system.
Your theft defense attorney in California will work to protect you against harsh punishments and penalties.
Hire a Theft Lawyer Today
If you are charged with a theft offense in Marin County or elsewhere in California, retaining the services of a knowledgeable and experienced theft lawyer is critically important. Your theft defense attorney should understand how to effectively navigate the court system in Marin County and other jurisdictions in California. Contact the Law Offices of Kevin Heaney today and put Kevin’s decades of criminal defense experience to work for you.