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Grand Theft & Embezzlement Defense Attorney
Theft Involving High Value Property: "GTA" and Alleged Theft of other Valuables
Grand theft charges relate to the unlawful taking of another’s property. These charges usually involve property that is worth in excess of $1,000 and generally involve felony charges. Grand theft can be charged as a misdemeanor depending on the factors involved. However, there are some factual scenarios where a theft case will be charged as a felony regardless of the property’s worth. For example, a theft case involving an automobile also known as grand theft auto or “GTA” is generally charged as a felony no matter the worth of the automobile. The theft of a vehicle may also be charged as “joyriding” or the “unlawful taking of vehicle” which is considered a lesser offense because it is often negotiated down to a misdemeanor.
Embezzlement Accusations
Embezzlement is commonly referred to as employee theft. The employee facing accusations may be an accountant, waitress, cashier, bartender, or CFO of a company. These charges can be alleged at people from all walks of life. The charge consists of alleged unlawful taking or misappropriation of property from another that has been entrusted to that person. It is the taking of property while it is already in a person’s lawful possession for his or her own use. It can be charged as a felony based on the value of the property entrusted. However these types of cases often involve a significant amount of corporate money or assets and are therefore most often charged as felonies.Possible punishments for embezzlement or grand theft by embezzlement may include:
- up to 3 years in state prison
- full repayment of restitution (paying back the alleged victim for the entire loss)
- community service or CALTRANS
- formal probation or parole supervision
- mandatory court fines and fees along with court ordered counseling
Conviction on such charges can also result in the loss of certain professional licenses and other punishments. Many such punishments can be enhanced if:
- the alleged loss is extremely high
- there are multiple acts of embezzlement alleged
- there are multiple alleged victims
- there is an allegation of a larger conspiracy or a complicated ponzi scheme
To minimize your risks of incarceration and catastrophic damage to your reputation, call our law office. You will gain peace of mind knowing that highly skilled and experienced attorneys are on your side.
Second Degree Burglary or “Commercial” Burglary
Another common theft charge is second degree burglary which is also referred to as commercial burglary. Second degree burglary may be charged as a felony or misdemeanor depending on the individual facts of the case. Second degree burglary does not involve breaking or entering or the use of weapons or force. First degree burglary, also known as residential burglary, is a far different crime and is often charged as a violent crime in California.
Under California law, a person may be charged with second degree burglary if she or he enters a structure with the intent to commit a felony within. For example, when a person enters a department store with the intent to steal items without paying for them, he or she may be charged with second degree or commercial burglary in addition to grand theft or petty theft depending on the value of cash or property involved.
Possible Defense against Theft Charges
Your defense attorney has multiple approaches to protecting your rights and minimizing your risks of conviction. The potential defenses depend upon the individual circumstances of your case. However, two common defenses are:- Consent. You are not guilty of grand theft if you were given permission to use or hold the property; however, your use of the property must fall within the scope of the consent given.
- Lack of intent. If you did not specifically intend to temporarily or permanently deprive the rightful owner of his or her property then you did not possess the requisite intent for a theft offense and may have an affirmative defense.
When you call our office, we will offer a free analysis of your case and determine the best strategy for defending you from the most severe penalties. If you have been charged with any theft crime, you will have eager prosecutors and aggressive law enforcement officials united against you. To protect yourself against these opponents, call us for experienced and tough criminal defense in Los Angeles.