San Diego Theft Lawyer
San Diego Theft Attorney
Theft, under California law, is fundamentally an unauthorized taking of another person’s property with the intent to deprive them of it permanently. It can range from shoplifting and petty theft to grand larceny, each carrying its own set of penalties.
Understanding the nuances of theft law is crucial for any defendant, and that’s where a seasoned California theft attorney comes into play. When a San Diego theft lawyer supports you, you are more likely to secure the most beneficial resolution to your case.
Defense for Theft Crimes From Lee Law Group
In comparison to other criminal offenses, theft crimes may seem less serious. However, it’s crucial not to take these charges lightly. The consequences of a theft conviction can still severely impact your freedom, your finances, and your opportunities in life. Both misdemeanor and felony theft offenses can significantly affect your future. The most effective way to avoid these penalties is to hire an attorney who can build a strong defense against theft charges.
At Lee Law Group, we have more than 20 combined years of experience supporting clients in difficult situations, including those facing theft offenses. We aim to provide you with legal support, compassion, and the answers you need in the face of criminal charges.
We can go over your case with you and help you understand your options. Our team remains honest with you, explaining when a defense is likely to prevent a conviction and when it could provide you with a lighter sentence. The team at Lee Law Group works to provide you with personalized and effective legal care that protects you and secures the ideal outcome. We fight for your future.
California Theft Laws & Penalties
Theft offenses refer to the taking, stealing, carrying, or fraudulent appropriation of property. Theft also includes defrauding another person based on false reports of wealth or character.
In California, theft is categorized based on the value of the property taken. Petty theft generally involves property valued under $950, whereas grand theft involves property valued over that amount. Legal codes such as California Penal Code Section 484 and Section 487 outline the specifications for theft offenses. As theft attorneys in California, we stay abreast of these laws to provide you with the best criminal defense.
- Petty Theft, Penal Code 490: Petty theft is punishable by up to $1,000 in fines, up to six months in jail, or both. It is defined as any theft that is not outlined as grand theft from Penal Code 487 to 487(m).
- Grand Theft, Penal Code 487: Grand theft may be charged as a felony or a misdemeanor, depending on the specific crime committed. Theft of a firearm results in penalties of between 16 months and three years in prison. Generally, grand theft results in up to one year in jail. Grand theft includes offenses such as:
- Theft of property over $950
- Theft of specific domestic fowls, fruits, vegetables, other crops, and aquacultural products valued at $250 or more
- Theft of property by an employee from their employer, totaling more than $950 over a period of 12 months
- Property stolen off of someone’s person
- Theft of a firearm
- Theft of an automobile
- Theft of items under one intention or plan over several different acts of theft, which totals more than $950
In some cases, a petty theft charge can be reduced from a misdemeanor to an infraction. This can significantly limit the impact of a theft offense.
Other Theft Offenses in California
There are several other theft offenses, including:
- Shoplifting, Penal Code 459.5
Shoplifting is considered a form of burglary. It is known as the entering of a business during its open hours with the intent to commit larceny, as long as the property is not valued at more than $950. It’s charged as a misdemeanor but can become a felony if the individual has prior convictions of shoplifting.
- Robbery, Penal Code 211-213
Robbery is the theft of personal property through the use of force or fear, removing it from the individual’s person or presence. This is considered a violent crime because of the use of force or threat against the victim of the crime. It is always charged as a felony and could result in between two to nine years in prison, depending on the degree of the offense. Attempted robbery also results in time in prison.
- Burglary, Penal Code 459
Burglary may not always be based on theft. It is the crime of entering a building with the intention to commit petty theft, grand theft, or any felony. Burglary can be charged as a felony or a misdemeanor. A felony occurs when the building is an inhabited dwelling, and penalties result in two to six years in prison.
- Grand Theft Auto, Vehicle Code 10851
Grand theft auto is the crime of driving or taking a vehicle without the owner’s consent and intending to deprive them of the vehicle temporarily or permanently. Intent to steal is not required. This is penalized by up to $5,000 in fines and/or up to one year in jail.
The penalties can increase to a felony if the stolen vehicle is an ambulance, a fire department vehicle, or a vehicle modified for a disabled veteran. This results in penalties of between two and four years in prison and up to $10,000 in fines.
- Carjacking, Penal Code 215
Carjacking is the theft of a motor vehicle from the owner or the owner’s presence through the use of fear or force. It is a violent offense and results in penalties of between three to nine years in prison.
The charge is similar to robbery, but an individual can be charged with both robbery and carjacking, although not for the same action.
- Looting, Penal Code 463(a)
Looting is the crime of burglary or theft during a state of emergency, an evacuation order, or another emergency, like a natural disaster or a riot. This results in up to one year in jail.
Other theft crimes include vandalism, Penal Code 594, and receiving stolen property, Penal Code 496(a). Whatever type of theft offense you are charged with, it is crucial that you talk with a defense attorney as soon as possible.
Penalties for Theft Offenses in San Diego
The penalties for theft offenses vary depending on the circumstances, including the type and value of the stolen property. Consequences may range from fines, restitution, and probation, to even imprisonment. For repeat offenders, the penalties often escalate.
Conviction for theft offenses also has other collateral consequences, including establishing a criminal record. Both misdemeanors and felonies result in a criminal record, which can limit many future opportunities in your life, regardless of the severity of the offense. Having a criminal record can:
- Affect your ability to rent or obtain certain types of housing
- Make it hard to find employment
- Prevent you from receiving certain types of financial aid or loans
- Affect your ability to be accepted to an institution of higher education
- Cause you to lose certain professional licenses or prevent you from obtaining them
- Impact your ability to get custody or visitation with your children
- Impact your immigration status
Felony convictions can have other collateral effects on certain rights, including the right to own a firearm.
Employing a criminal defense lawyer in California can significantly impact the outcome of your case, potentially mitigating penalties or even securing a dismissal.
Defenses That May Be Raised Against Theft Charges
What defense is right for your theft charges will rely on the unique circumstances of your arrest, the specific crime you are being charged with, and other factors. Some potential defenses include:
- Mistake of ownership, meaning you genuinely believed the property was yours
- Lack of intent, such as not meaning to take the property or believing you had the owner’s consent
- Property that is rightfully yours, which you were retrieving
- Mistake of identity, where you did not commit the crime
- False accusations by the individual accusing you of theft
- Necessity, meaning the theft was necessary to prevent serious harm
- Duress, where you committed the crime under threat of force or coercion
- Entrapment by a law enforcement officer
Your defense attorney can review your individual case to determine what may be the most effective defense.
FAQs:
Is Stealing an Item of any Value Considered Theft in California?
Stealing an item of any value is considered theft in California, although items worth less than $50 may be charged as a misdemeanor or an infraction. Infractions do not result in a criminal record or imprisonment. Rather, a theft infraction results in a fine of up to $250. Whether theft is charged as a misdemeanor or an infraction will rely on the discretion of the judge on the case.
What Is Considered Grand Theft in California?
According to Penal Code 487, theft in the following situations is considered grand theft:
- Stolen property exceeds the value of $950
- Property was taken off of someone’s person.
- Stolen property was a firearm or a motor vehicle
- Stolen property exceeds the value of $250 when the property is domestic fowl, fruits, nuts, vegetables, or other crops
- Stolen property exceeding $250 when the property is aquacultural products from a commercial or research location
Grand theft is charged as a felony.
Will I Go to Jail for Petty Theft in California?
Yes, you may go to jail for petty theft in California. The penalties for petty theft are fines of up to $1,000, imprisonment for up to six months, or both. There is no minimum sentence for the offense, so alternative sentencing may be possible in place of jail time. Probation may have conditions such as community service and other requirements. If you are being charged with petty theft in California, you need an attorney to defend you. This may help you avoid jail time.
When Are Shoplifters Stopped?
Sometimes, Shoplifters are stopped by store security or lost prevention store personnel. The accused shoplifter is usually held for police. If this occurs, the accused shoplifter should not give a statement or sign any documents.
If Shoplifters are not stopped by store employees it is for several reasons, including prioritizing employees’ health and well-being. Additionally, some stores do not stop shoplifters to prevent potential liability from injuries to employees and shoplifters, which can occur if there is conflict between parties. Company budgets account for a certain level of loss due to shoplifting and damaged merchandise, and efforts to stop shoplifting can be more costly than they are worth.
When Can Shoplifting Become a Robbery Offense?
Shoplifting becomes robbery when a store employee attempts to stop the alleged shoplifter when they are leaving the store premises and the accused shoplifter fights with the store employee and or seeks to evade them by flight. When this occurs, the shoplifting offense becomes known as an “Estes Robbery” after the 1983 case People v. Estes, where the Courts first stated this idea of shoplifting turning into a robbery.
Robbery is much more serious than shoplifting, so if you are ever stopped while exiting a store’s premises and accused of shoplifting, submit and contact us at the Lee Law Group. An individual cannot be charged with both shoplifting and Robbery for the theft of the same items.
Consult a Theft Lawyer in California
Your career, reputation, and freedom hang in the balance. It’s essential to take immediate action and secure legal representation. Lee Law Group takes a comprehensive approach to criminal defense, focusing on due process rights, factual analysis, and strategic litigation.
We examine every aspect of your case, from initial arrest to court proceedings, aiming to ensure that you are fairly represented. Contact us today for a consultation.
