Grand Theft, Second Degree Burglary, & Embezzlement Attorney

Grand theft is the unlawful taking of another’s property, and is generally charged as a felony when the property is valued over $950.00. Grand theft is technically a wobbler which means that it may be charged as a misdemeanor depending on the types of mitigating factors which may be present. However, there are some factual scenarios where a theft case will be charged as a felony irrespective of the property’s actual worth. For example, a theft case involving an automobile, also known as grand theft auto or “GTA” is generally charged as a felony, irrespective of the dollar amount 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.

Second Degree Burglary or “Commercial” Burglary

Another common theft charge is second degree burglary, also referred to as commercial burglary. Second degree burglary is a wobbler and may be charged as a felony or misdemeanor depending on the individual facts of the case. Contrary to popular belief second degree burglary does not involve breaking or entering, or the use of weapons or force. (If you have been charged with first degree burglary, also known as residential burglary, then please refer to the Violent Crimes section for more information.) Under California law, a person may be charged with second degree burglary if she or she 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 amount alleged to have been taken.

Embezzlement

Embezzlement is commonly referred to as employee theft because it occurs most frequently in employment situations. Embezzlement consists of the 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. Embezzlement can be charged as a felony based on the value of the property entrusted. However these type of cases often involve a significant amount of corporate money, or asserts, 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
• court-ordered theft counseling

There may also be increased, or enhanced penalties, 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

Possible Defenses

Potential defenses to grand theft 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.

Possible Penalties

Possible penalties for grand theft, second degree burglary, and embezzlement 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 (ie: freeway litter clean-up)
• formal probation or parole supervision
• mandatory court fines and fees
• court-ordered theft counseling

There may also be increased or enhanced penalties if:

• the alleged loss is extremely high
• there are multiple acts of grand theft alleged
• there are multiple alleged victims
• it is alleged that you were acting as part of a larger conspiracy or a larger ponzi scheme


If you have been charged, or investigated, for grand theft, second degree burglary or embezzlement, then you have an uphill battle that must be fought aggressively and with skill and tenacity. Contact a knowledgeable and skilled theft attorney at the Law Offices of Karen L. Goldstein for a free, confidential consultation: (888) 445-6313.