Theft Attorney

California law defines theft as the unlawful taking of another person’s property with the intent to temporarily, or permanently, deprive the owner of his or her property. Theft is divided into two degrees—petty theft and grand theft—and can be charged as a felony or misdemeanor depending on:

1. the value of the property that was allegedly taken
2. the facts surrounding the alleged taking
3. whether the person accused of the taking has any prior convictions for a theft offense
4. any other facts unique to the case or the accused

Common charges include:

• petty theft (shoplifting)
• grand theft
• grand theft auto
• joyriding
• grand theft by embezzlement
• commercial burglary (Second degree burglary)
• grand theft of a firearm

The consequences of being convicted for a theft offense can have a devastating impact on your future. If you have been accused of a theft crime, it is essential that you contact an experienced theft attorney to discuss all your legal options.

Grand Theft

Grand theft is the unlawful taking of another’s property, and is generally charged as a felony when the property is valued over $400.00.  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.

Possible Defenses to Theft

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 for Grand Theft

Possible penalties for grand theft 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

Petty Theft

Petty theft is the taking of property that is valued at less than $400.00. A common example of petty theft is “shoplifting.”  Shoplifting 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.

Possible Defenses to Petty Theft

Depending on the circumstances of each case, there are numerous defenses to a petty theft or shoplifting charge:

• Mistake/Lack of Intent: if 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.
• Consent: you may not be guilty of petty theft if someone consented to the taking of the property in the first place.

Possible Penalties for Petty Theft

Petty theft is generally charged as a misdemeanor provided that the value of the item is under $400.00.  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
• 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

A skilled and experienced theft attorney will evaluate all the possible alternative sentencing resolutions to a petty theft case including:

1. obtaining a civil compromise—repaying restitution up front in exchange for a signed document form the alleged victim stating he/she has been repaid in full and does not wish to pursue a criminal action
2. negotiating for a lesser charge such as trespass;
3. negotiating for the petty theft charge to be reduced to an infraction (punishable only by a fine);
4. 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 and can mitigate the potentially devastating consequences of having a petty theft conviction on your record.

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

Contact an Experienced California Theft Attorney

Being charged with a theft crime is a serious matter. Not only can you be imprisoned, and fined heavily, but a theft conviction will have drastic consequences for your family, your job, and your entire future. A theft crime can be a very complex legal matter and it is important to contact an experienced theft attorney who can help you strategize most effectively to fight your theft case. Contact a knowledgeable and skilled theft attorney at the Law Offices of Karen L. Goldstein for a free, confidential consultation: (888) 445-6313.