Los Angeles Theft Attorneys

Any criminal conviction on your record, no matter how insignificant it may seem, is serious. A criminal record can affect your future employment, your ability to get into certain educational institutions, your financial opportunities, and your reputation. If you or someone you know has been charged with a theft crime, then the thing to do is act as quickly as possible to retain an experienced theft lawyer.

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What Makes Something Legally Considered Theft?

At the heart of any theft prosecution lies the burden on the state to prove specific elements beyond a reasonable doubt. These building blocks form the foundation of the case against you, and dissecting them can reveal weaknesses for your defense.

Let’s explore the key components:

• Intent (Mens Rea): Prosecutors must show that you had the deliberate purpose to deprive the owner of their property permanently. Accidental takings or honest mistakes don’t qualify as theft. For instance, borrowing an item with the belief you’d return it might negate intent, turning a potential conviction into a dismissal.
• Unlawful Taking (Actus Reus): This is the physical act of taking or controlling property without permission. It could be as direct as pocketing goods or as subtle as transferring digital assets. The “unlawful” part emphasizes that consent or ownership rights play a pivotal role.
• Value of Stolen Property: Many jurisdictions classify theft based on the item’s worth, with thresholds determining misdemeanor vs. felony status. A low-value theft might result in a slap on the wrist, while high-value cases (e.g., over $1,000) invite harsher penalties. Accurate valuation, often contested in court, can involve appraisals or market evidence.

Additional elements, like the use of force in robbery variants, can elevate charges. Understanding these intricacies allows a skilled attorney to challenge the prosecution’s narrative, potentially leading to reduced charges or acquittals.

California Penal Code 459

According to California Penal Code 459, burglary is a type of theft crime, and a person can be charged with burglary if they enter a:

• House;
• Building or structure; or
• Locked vehicle

In addition to entering property without another’s permission, burglary charges also require the added legal element that the person entered the property with the intent to commit a:

• Theft; or
• Felony offense

Burglary charges can apply to any residential or commercial building or even a room within a building. From houses and apartments to shops and warehouses, entering any of these properties can lead to a burglary charge.

What Prosecutors Need to Prove in a Burglary Case

Prosecutors may charge accused individuals with burglary even if there is no evidence of forced entry.

The two main elements they focus on are proving that a person:

• (1) entered a property that was not theirs with
• (2) the intent to commit a theft or felony offense inside.

Disproving these elements and challenging the government’s case is possible with the assistance of experienced attorneys.

Types of Burglary Charges

Generally, California prosecutors may charge individuals with either first-degree or second-degree burglary.

• First-Degree Burglary (Residential): First-degree burglary involves the burglary of an inhabited dwelling (house) or other residential property where people live. Penalties can include large fines up to $10,000 and up to 6 years in state prison. First-degree burglary is considered a strike under California’s three strikes law.
• Second-Degree Burglary (Commercial): Second-degree burglary is an offense charged when a person commits burglary at a commercial property, including any store or business. Depending on the facts of the case, second-degree commercial burglary may be prosecuted as a misdemeanor or felony. While not a strike offense, second-degree burglary is punishable by up to a year in jail for misdemeanors and up to three years in prison for felonies.

If you are facing charges, contact our burglary lawyers immediately. The sooner you have an attorney begin working on a defense for you, the better it can be for your case.

California Penal Code 484

Section 484 of the California Penal Code (PC) defines the criminal offense of petty theft. Under the statute, an individual is guilty of petty theft when they steal or take another’s property and deprive another of the potential enjoyment or value of that property for any amount of time. Additionally, PC 484 is reserved for crimes in which the value of property is $950 or less. Stolen property that is valued at more than $950 or cases that involve firearms, livestock, or vehicles may subject individuals to more serious theft crime charges.

In order to prove that an individual is guilty of petty theft, law enforcement officers and/or prosecutors must prove that the defendant knowingly deprived another of the enjoyment or value of their property. Focusing on this legal element is essential because some prosecutors may permit defendants to return property in order to avoid criminal repercussions.

California Penal Code 487

Grand theft, also known as grand larceny, is a more serious offense than petty theft. Grand theft involves the taking of another’s highly valued property without their permission, or the attempt to do so.

According to Section 487 of the California Penal Code, grand theft is comprised of the unlawful taking of one or more of the following:

• Money, labor, and/or property valued at over $950
• Produce (avocados, lemons, etc.) and crops from a farm with a value of over $250
• Aquacultural products (fish, shellfish, etc.) from a research facility with a value of over $250
• A car, firearm, horse, or any other farm animal, regardless of its value

The law also punishes an employee, servant, or agent who steals money, labor, and/or property from their principal or employer totaling $950 or more in any consecutive 12-month period.

California Penal Code 530.5

California Penal Code § 530.5 refers to California’s identity theft laws. These laws state that a person commits identity theft when they unlawfully obtain the personal identifying information of another and use that information for any unlawful reason.

In order to be convicted of identity theft, the prosecutor must prove all of the following elements:

• You were in possession of someone else’s personal information
• You obtained the personal information without the individual’s consent
• You used the personal information for fraudulent purposes and with the intent to commit fraud

What Are Some Examples of Identity Theft?

Some of the different types of identity theft include using someone’s identity to:

• Steal goods or services
• Obtain credit
• Obtain real property
• Obtain medical information
• Steal a child’s identity
• Pose as a business to obtain loans

Common Personal Information Used in Identity Theft

According to the statute, personal identifying information may be any form of ID or documents that include a person’s confidential information.

Examples include:

• Another’s name, date of birth, address, and telephone number
• Social security numbers
• Driver’s license & passport information
• Birth or death certificate information
• Credit cards or banking information

Experienced Attorneys on Your Side

At Lessem, Newstat & Tooson, LLP, we have over 50 years of experience handling criminal defense cases, and we are ready to put our expertise and knowledge to work for you. We have handled numerous identity theft cases and can help you devise the right defense for your case. We will work on your behalf with prosecutors to have your charges reduced or dropped, or we will aggressively defend you at trial. With the experience and know-how you are looking for, our Los Angeles identity theft attorneys are the attorneys you can trust with your defense.

What Are Some Examples of Theft-Related Crimes?

Facing a theft accusation can feel overwhelming, but understanding the specific type of charge is the first step toward mounting an effective defense. Theft isn’t a one-size-fits-all crime; it encompasses a range of offenses, each with unique characteristics and legal nuances.

Here’s a breakdown of some common theft-related charges:

• Shoplifting: Often considered a “petty” theft, this involves taking merchandise from a store without paying. What might seem like a minor slip-up, such as forgetting to scan an item at self-checkout, can escalate based on the item’s value. In many jurisdictions, shoplifting under a certain threshold (like $950 in California) is treated as a misdemeanor, but higher values can lead to felony charges.
• Embezzlement: This white-collar crime occurs when someone in a position of trust, like an employee or fiduciary, misappropriates funds or property entrusted to them. Think of a bookkeeper diverting company money for personal use. Unlike straightforward theft, embezzlement requires proving a breach of trust, making it a favorite target for prosecutors in corporate settings.
• Identity Theft: In our digital age, this has become alarmingly prevalent. It involves using someone else’s personal information, such as Social Security numbers, credit cards, or online credentials, without permission, often for financial gain.
• Auto Theft: Also known as grand theft auto, this charge applies to stealing vehicles or their parts. It could be joyriding (temporary use without intent to keep) or outright theft for resale. With advancements in vehicle tracking tech, like GPS, defenses often hinge on proving a lack of knowledge or consent.
• White-Collar Theft: This broad category includes sophisticated schemes like fraud, forgery, or insider trading. Unlike street-level theft, these crimes often involve deception rather than force, targeting businesses or investors. High-profile cases, such as Ponzi schemes, highlight how these charges can lead to federal involvement and lengthy investigations.

Each type of theft charge carries its own evidentiary requirements and potential defenses, underscoring why early legal consultation is crucial.

Are Theft Crimes Charged as Misdemeanors or Felonies?

Most criminal charges have a wide-ranging degree of severity. The same is true for theft crimes. They can be charged as misdemeanors or felonies, depending on the value of what was stolen and whether you have prior convictions.

Another factor of concern is that there are aggravating circumstances that can elevate charges, including the use of a weapon or injuring a victim. You definitely want to have competent legal representation.

Is Grand Theft Considered a Misdemeanor or a Felony?

In California, grand theft is known as a “wobbler offense,” meaning it can be charged as either a misdemeanor or a felony depending on the specific circumstances.

How a wobbler offense is charged depends on:

• The particular facts of the case (How much was stolen? Was violence involved?)
• The defendant’s criminal history (Is this a first or repeat offense?)

What Penalties Could I Face for a Theft Conviction?

A theft conviction isn’t just a mark on your record; it’s a ripple effect that can disrupt your life, career, and finances. Sentencing varies by jurisdiction, charge severity, and individual circumstances, but here’s an overview of what you might encounter:

• Fines: These can range from hundreds to tens of thousands of dollars, scaled to the theft’s value and your ability to pay. For example, a misdemeanor shoplifting charge might incur a $1,000 fine, while embezzlement could hit six figures.
• Jail or Prison Time: Misdemeanors often mean short jail stints (up to a year), while felonies can lead to years in prison. First-time offenders might avoid incarceration through alternatives like house arrest.
• Probation: Instead of or alongside jail, you could face supervised probation, requiring check-ins, community service, or theft prevention classes. Violations can revoke this leniency, landing you behind bars.
• Restitution: Courts frequently order repayment to victims, covering the stolen property’s value plus any related losses, like repair costs or lost wages.

Factors like prior convictions amplify penalties; repeat felony offenders face enhanced sentences under “three strikes” laws. Conversely, mitigating elements, such as remorse or rehabilitation efforts, can soften outcomes. Judges consider sentencing guidelines, but advocacy from an experienced attorney often sways the balance toward lighter consequences.

What Are the Penalties of Grand Theft in California?

If the crime is considered a misdemeanor, the defendant may be sentenced to up to one year in county jail. If it is ruled a felony, the defendant may face up to three years in jail.

Grand theft also carries with it several “enhancements,” additional time added to one’s jail sentence if specific circumstances were involved with the crime.

Enhancements for grand theft include:

• An extra year if the value of the stolen property exceeds $65,000
• An extra two years if the value of the stolen property exceeds $200,000
• An extra three years if the value of the stolen property exceeds $1,300,000
• An extra four years if the value of the stolen property exceeds $3,200,000

What Are Effective Ways to Defend Against Theft Accusations?

While no theft defense case is ironclad, skilled legal strategies can dismantle the prosecution’s claims. Defenses aren’t always about denying the act outright but often about contextualizing it to show reasonable doubt.

Here are some proven approaches:

• Lack of Intent: Arguing you didn’t mean to steal permanently, perhaps it was a misunderstanding or temporary borrowing, can undermine the mens rea element. Evidence like receipts or witness testimony bolsters this.
• Mistaken Identity: In crowded scenarios like shoplifting allegations, surveillance footage might be grainy or witnesses unreliable. Proving you weren’t the perpetrator through alibis or forensic analysis is a classic tactic.
• Entrapment: If law enforcement induced you to commit the crime, say, an undercover officer pressured you into a theft you wouldn’t have done otherwise, this defense can lead to dismissal, as it violates due process.
• Claim of Right: You believed the property was yours or you had permission to take it. This works well in disputes over shared assets, like in family or business conflicts, supported by documentation or agreements.
• Consent: If the owner of what was allegedly stolen consented to the taking, then there was no theft involved. However, there is a stipulation that if consent was given, the defendant must have acted within the scope of that consent. For example, if you were given a company card to use for a business lunch and then spent the money on something personal for yourself, this counts as theft.

Other defenses include duress (acting under threat) or intoxication impairing intent. Tailoring these to your situation requires expert analysis, as improper application can backfire.

How Can a Theft Defense Attorney Help Me?

Navigating theft charges alone is like walking a tightrope without a net; risky and often disastrous. A dedicated theft defense attorney acts as your advocate, strategist, and shield, transforming a daunting process into a manageable one. They start by scrutinizing the evidence, identifying procedural errors, and crafting a personalized defense plan.

Attorneys negotiate plea deals to reduce charges, such as downgrading a felony to a misdemeanor, minimizing jail time, or reducing fines. In court, they represent you vigorously, cross-examining witnesses and presenting exculpatory evidence to sway judges or juries.

At Lessem, Newstat & Tooson, LLP, our seasoned team specializes in criminal defense, drawing on decades of experience in California courts. We prioritize client communication, offering 24/7 availability and free consultations to assess your case. We’ve secured dismissals, acquittals, and favorable pleas for countless clients. Don’t face this alone. Our firm combines aggressive advocacy with compassionate guidance to protect your future. Contact us today to start building your defense.

Contact our theft defense lawyers today if you have been accused of theft.