Understanding Theft Charges

Understanding Theft Charges

What You Need to Know

Theft charges are serious offenses that can significantly impact your life, including your reputation, employment opportunities, and personal relationships. In California, theft is broadly defined but includes various specific charges that carry distinct legal definitions and penalties. Understanding the nuances of these charges and the potential consequences is crucial if you are under investigation or facing accusations. With more than 20 years of experience in criminal defense proceedings, David Canty provides strategic representation for clients facing theft charges

Steps to Take if You Are Accused of Theft

Types of Theft Charges in California

Theft in California is categorized into several types, each with its own legal definition and associated penalties. The primary categories include petty theft, grand theft, and specific theft-related offenses such as embezzlement, burglary, and robbery.

  1. Petty Theft

Definition:

Petty theft is defined under California Penal Code Section 484 and involves the unlawful taking of property valued at $950 or less. This charge typically applies to shoplifting and other minor theft offenses.

Penalties:

Misdemeanor: Petty theft is usually charged as a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1,000.

Infraction: In some cases, petty theft may be charged as an infraction, resulting in a lesser penalty, such as a fine.

  1. Grand Theft

Definition:

Grand theft, outlined in California Penal Code Section 487, involves the unlawful taking of property valued over $950. This category also includes the theft of certain items regardless of value, such as firearms and automobiles.

Penalties:

Wobbler Offense: Grand theft can be charged as either a misdemeanor or a felony. A misdemeanor conviction can lead to up to 1 year in county jail, while a felony conviction can result in 16 months, 2 years, or 3 years in state prison.

  1. Embezzlement

Definition:

Embezzlement is covered under California Penal Code Section 503 and involves the fraudulent appropriation of property by someone to whom it was entrusted, often occurring in employer-employee relationships.

Penalties:

Misdemeanor or Felony: The penalties for embezzlement depend on the value of the property stolen. Embezzlement involving property valued at $950 or less is typically charged as a misdemeanor, while higher amounts may lead to felony charges.

  1. Burglary

Definition:

Burglary, defined under California Penal Code Section 459, involves entering a structure with the intent to commit theft or any felony. Burglary is divided into first-degree (residential) and second-degree (commercial) burglary.

Penalties:

First-Degree Burglary: This is a felony punishable by 2, 4, or 6 years in state prison.

Second-Degree Burglary: This can be charged as a misdemeanor or felony, with penalties ranging from up to 1 year in county jail (misdemeanor) to 16 months, 2 years, or 3 years in state prison (felony).

  1. Robbery

Definition:

Robbery is defined in California Penal Code Section 211 and involves taking property from another person’s possession through force or fear. It is a violent crime distinct from other theft charges.

Penalties:

First-Degree Robbery: This involves robbing someone in their home, near an ATM, or while using a public transportation vehicle, and is punishable by 3, 4, or 6 years in state prison.

Second-Degree Robbery: This involves all other types of robbery and is punishable by 2, 3, or 5 years in state prison.

Factors Influencing Penalties

The severity of penalties for theft charges in California can be influenced by several factors, including:

Value of Stolen Property: Higher-value thefts typically result in more severe penalties.

Criminal History: Repeat offenders may face harsher sentencing.

Use of Force or Threats: Crimes involving violence or threats of violence generally incur more severe penalties.

Circumstances of the Theft: Specific circumstances, such as theft from an elderly person, can lead to enhanced penalties.

Legal Representation and Defense Strategies for Client’s Facing Theft Charges

Given the complexity and potential severity of theft charges, securing experienced legal representation is crucial. David Canty, with over 20 years of experience in criminal defense, provides strategic representation to protect your rights and achieve the best possible outcome.

Common defense strategies against theft charges include:

  • Lack of Intent: Arguing that there was no intention to steal the property.
  • Mistaken Identity: Asserting that the defendant was wrongly identified as the perpetrator.
  • Consent: Claiming that the property was taken with the owner’s permission.
  • Insufficient Evidence: Challenging the prosecution’s evidence to create reasonable doubt.

Facing theft charges? Get the experienced legal defense you need. At the Law Office of David Canty, PC, we offer strategic representation for theft cases throughout Southern California. With over 20 years of criminal defense experience, David Canty is dedicated to protecting your rights and fighting for the best possible outcome in your case. 🌟 Don’t face these charges alone—contact us today for a confidential consultation and let us build a strong defense for you! 

Schedule an Appointment for a Free Consultation

If you or a loved one are facing theft charges in Pomona or surrounding area, don’t wait to seek legal representation. With offices in Pomona, Rancho Cucamonga, West Covina, and Riverside, David Canty is ready to fight for you. Contact us today to schedule a free consultation and let us help you navigate the complex legal process, protect your rights, and fight for the best possible outcome in your case.

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HOW CAN WE HELP?

If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.