Encinitas Property Crime Defense
Property crimes refer to offenses that destroy or take away another person’s property without the knowledge of the owner or against his will. It is a category that includes theft, larceny, burglary, shoplifting, robbery, vandalism, etc. The degree of property crimes in Encinitas, is determined by the amount taken by the criminal, and the manner of crime such as theft.
If you need legal assistance, contact Lee Law Group at (619) 349-1588 now to get a free consultation with an expert defense lawyer.
Property Crimes in California
There are different offenses classified under property crimes. Here are the definitions of each crime to help you understand the distinction between one another.
- Theft / Larceny
Theft is the act of stealing or taking away another person’s possessions without his consent. It is a crime that aims to deprive that person of his belongings permanently. The two important elements that should be present to classify a crime a theft are 1) unauthorized act of obtaining someone else’s properties and 2) the requisite intent to dispossess the victim permanently.
Shoplifting is a type of theft. It involves stealing merchandise from a retail establishment without the intent to pay for it. When someone enters a store, takes an item or two, places them inside his pocket or bag, then walks away, he shoplifted. It occurs when stores are wide open for customers.
Robbery is a theft that used violence. To be successful in willfully taking one’s property, one uses threat, fear, coercion, and violence. Robbery can happen anywhere and does not necessitate breaking into one’s house. As long as a person intends to steal something that is owned by someone else, in his very own presence, against his will, using threat or violence, it is robbery.
Burglary in California occurs when someone illegally enters any building with the intent to commit a crime indoors without the owner’s consent. The key elements of burglary must be present to consider it a valid crime. These are 1) unauthorized breaking in and entry; 2) a building that is owned by someone else, and 3) the intent to commit a crime inside. The degree of burglary varies in the type of building the perpetrator has broken into and whether he carried explosives with him to carry out the crime.
Arson is the criminal act of purposely setting a property on fire to commit theft or other related crimes. If the burning has caused bodily injuries, severe penalties will be put on top of the general arson penalties. Moreover, if inhabited properties are affected as well, the same thing will happen to the criminal.
Embezzlement takes place when someone steals or exploits money, belongings, and property from a business partner, an employer, insurer, or someone who trusted the con man.
Forgery involves the stealing of signature, false document, or other personal data of another person to deceive others and use it for his benefit.
Defenses to Property Crime Charges
Winning a legal case is never easy on your own. But, with the help of the right Encinitas criminal defense lawyer, you will figure out how to lay down the defenses that he can employ to defend you from the charges being thrown against you. Here are some examples of the defenses that will make you triumph over the complaint.
- Lack of intent
To nullify the accusation of the victim and the prosecutor, you can argue about having the lack or complete absence of intent. Prove that you are innocent, and the jury will take your side.
- Mistaken Identity or False Accusations
Arguing that you are not the person the police have been looking for can also act as a defense in court. Sometimes, mistaken identity happens when the policemen find the wrong person who’s not involved in the case. False accusations will also save you if your lawyer can prove that you are innocent.
- Allowed by the Owner
If you have the consent of the owner, and it has been proven in the court, you will most likely win the case. Being allowed by the owner means that your acts are not illegal or unauthorized.
Book a Free Consultation Now
To help you settle your case, get legal help from a professional property crime defense attorney now. Lee Law Group offers legal services that prevent defendants from being convicted. They will work hard to get the best results for your case. Lee Law Group will be with you as you take every step in winning the case and canceling your property crime charges. Our Encinitas lawyers are committed to serving you with decades of experience and specialization in the field. Book a free consultation now!
Contact Lee Law Group at (619) 349-1588 if you have legal questions or you want to know more about the crime you’re involved in.