Theft

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 In San Diego From Lee Law Group DUI & Criminal Attorneys

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 DUI & Criminal Attorneys, 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 DUI & Criminal Attorneys 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 misdemeanor or a felony , 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.

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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.

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Penalties for Theft Offenses in San Diego

The penalties for theft offenses in San Diego, CA 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.

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 DUI & Criminal Attorneys 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.

Contact Lee Law Group DUI & Criminal Attorneys Today!

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