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A Theft Defense Attorney for Los Angeles
Criminal Defense against Petty Theft Accusations
Your defense attorney may be able to protect you from prosecution on petty theft charges. Such charges are usually brought against individuals accused of taking property that is valued at less than $400.00. A conviction on a first-time offense can have serious consequences but if you have a prior criminal record, contacting an experienced defense lawyer is particularly important if you have been accused. California prosecutors may want to show that they are tough on crime. Your rights may suffer. Reach out to Los Angeles Defense Attorney Karen L. Goldstein for the type of tough defense you need.
Possible Defenses against Shoplifting and other Petty Theft Charges
A common example of petty theft is “shoplifting.” This includes taking items from a store without paying from them, switching merchandise labels to avoid paying full price for the items, or paying for some items but attempting to take other items without paying for them. Depending on the circumstances of each case, there are numerous defenses to a petty theft or shoplifting charge including mistake/lack of intent. This may show that you forgot to put an item back, or were distracted and left a store without paying. You may have a defense to petty theft because you did not form the specific intent to steal the item. You must have the specific intent, in addition to having completed the physical act, in order to be guilty of petty theft or shoplifting.
While there are many defenses to fight the charges, there are also many ways that your charges can be reduced or you may be able to avoid prosecution by returning items or paying restitution. An attorney who is experienced in this area of the law will be able to discuss the many possibilities you have for avoiding a criminal record and limiting your exposure to the most serious penalties.
Possible Penalties for Petty Theft
Petty theft is generally charged as a misdemeanor provided that the value of the item(s) alleged to have been taken is valued at less than $950.00. However, if the person accused of petty theft has a prior theft conviction, then the prosecution can automatically charge the second case as a felony. As such, petty theft penalties can be severe, and complicated, depending on the individual circumstances. For example, some penalties for petty theft may include the following:
• up to 3 years in state prison (with prior conviction)
• up to 6 months in county jail (no prior conviction)
• probation or parole period
• expensive court fees and fines
• diversion program
• court-ordered theft counseling
• community service or CALTRANS
• full repayment of restitution (repayment of loss to alleged victim)
Alternative Sentencing for Petty Theft
When you contact our law office, we will evaluate all the possible alternative sentencing resolutions to a petty theft case. Some of these possibilities include:
• obtaining a civil compromise—repaying restitution up front in exchange for a signed document from the alleged victim stating he/she has been repaid in full and does not wish to pursue a criminal action
• negotiating for a lesser charge such as trespass
• negotiating for the petty theft charge to be reduced to an infraction (punishable only by a fine)
• negotiating for an informal diversion program—where in exchange for the completion of counseling, or fine payment, the charges are dismissed after a specified period of time.
All of these examples are common dispositions in petty theft cases. These can mitigate the potentially devastating consequences of having a petty theft conviction on your record. If you have been charged or you are being investigated for petty theft, contact us as soon as possible.