If you commit a property crime in California, you may face felony or misdemeanor charges depending on the severity of the crime. If a property crime involves the unlawful obtainment of another person's property, the charges you face will depend on the property value. In a case of property damage, the penalties will depend on the extent of property damage. A conviction of any property crime often comes with devastating consequences. The California Criminal Lawyer Group in Fresno can help you create a solid defense to fight your charges.

Common Property Crimes Under California Law

The following are the most common types of property crimes in California:

Burglary — PC 459

The California PC 459 makes it a crime to enter any residential or commercial structure or a locked vehicle with the intent to commit petty theft, grand theft, or a felony once inside the structure or the car. The prosecutor will only accuse you of burglary if they manage to prove the following elements:

  • You entered a building, a locked vehicle, or a room within a building.
  • When you entered the car or the building, you intend to commit a California theft or California felony.
  • One of the following is true: the value of the property you stole or intended to steal exceeds $950, or the structure you entered was not a commercial structure. If the structure you entered was a commercial structure, you accessed it outside the business working hours.

The prosecutor will need to prove each of the elements outlined above for you to face burglary charges under PC 459. There is no requirement that you succeed in committing theft or felony once inside the building for you to face burglary charges. The prosecutor only needs to prove that you entered a structure, intending to commit a crime. You can avoid burglary charges by proving that you did not intend to commit theft or felony when you entered a structure. There are two main types of burglary:

  • First–degree burglary.
  • Second–degree burglary.

A first–degree burglary is also known as residential burglary, and a second–degree burglary is known as commercial burglary. You will face first–degree burglary charges if you commit burglary on any structure that qualifies as a residence. A residence can be any of the following:

  • An inhabited house.
  • An inhabited motel or hotel room.
  • An inhabited portion of a building.
  • Inhabited floating home.
  • Inhabited boat.
  • Any space within an inhabited house.

An inhabited structure means that someone uses the structure as a dwelling. The person who inhibits the structure does not need to be home when you commit the burglary. The penalties for burglary will vary depending on whether you commit a first–degree burglary or a second–degree burglary. A first–degree burglary is an automatic felony punishable by:

  • Formal probation.
  • A jail time of two, four, or six years in a county jail in California.
  • A fine of not more than $10,000.

A first–degree burglary conviction will also earn you a strike on your criminal record.

A second–degree burglary attracts less severe penalties than a first–degree burglary. A second–degree burglary is a wobbler, chargeable as a felony or misdemeanor. If charged as a misdemeanor, the penalties include:

  • Summary or informal probation.
  • A jail time of up to one year in a county jail.
  • A fine not exceeding $1,000.

If charged as a felony, a second–degree burglary will attract the following charges:

  • A felony or formal probation.
  • A jail time of six months, two years, or three years in a county jail.
  • A fine not exceeding 10,000.

The penalties for a burglary conviction are severe. However, there are several defenses that you can use to fight the charges successfully:

  • You had no intent to commit theft or felony.
  • A claim of right or mistake of fact.
  • Factual innocence whereby you prove that the police arrested you by mistake.
  • Police engage in misconduct during your arrest or investigation.

Vandalism — PC 594

The California PC 594 defines vandalism as maliciously destroying, damaging, or defacing another person’s property. The prosecutor must prove several elements to accuse you of vandalism:

  • You intentionally destroyed, damaged, or defaced with graffiti a property.
  • You did not own the property, or you owned the property jointly with another person.
  • The extent of damage or defacement was below $400 for a misdemeanor conviction or more than $400 for a felony conviction.

Acting maliciously means that you intentionally engaged in a wrongful act. It also means that you acted with an unlawful intent to injure or annoy another individual. Acting maliciously does not necessarily mean that you intended to break the law. You cannot face vandalism charges if you accidentally damage or deface another person's property because you did not have malicious intent.

You will face misdemeanor vandalism charges if the property value is below $400. If the value of property destroyed is $400 or more, you could face felony vandalism charges. For damages of property that exceeds $400, the crime becomes a wobbler, meaning it could attract felony or misdemeanor charges. The crime of vandalism is similar to other theft crimes in California, where penalties depend on the value of property stolen. If you commit several vandalism offenses and the prosecutor proves that the violations were part of one impulse or intention, all these acts will be added together. The prosecutor may charge with a felony if the value of all damages adds up to $400 or more.

Just because the prosecutor charges you with felony vandalism does not mean you will be convicted of felony vandalism. The jury may decide to charge you with a misdemeanor during the trial if they are convinced that the vandalism you committed does not add up to $400 or more. If you commit vandalism on a motor vehicle, you will face charges under vehicle code 10853 instead of PC 594. If the prosecutor  charges you with misdemeanor vandalism, the following penalties will apply:

  • A jail time not exceeding one year in a county jail.
  • A fine not exceeding $1,000 or a fine of up to $5,000 if you have a previous felony conviction.
  • A summary or informal probation.

The crime becomes a wobbler if the value of the property involved is $400 or more. The prosecutor may decide to charge the vandalism as a felony or misdemeanor depending on your criminal history and the facts of your case. If the property damage is $400 or more and the prosecutor assigns misdemeanor charges, the penalties will include:

  • A jail time of up to one year in a county jail.
  • A fine of up to $10,000 or a fine of up to $50,000 if the property damage was $10,000 or more.
  • A misdemeanor probation.

If the DA charges the crime as a felony, the punishment will include:

  • Probation and up to one year jail time or a jail time of sixteen months, two years, or three years in a county jail.
  • A fine of up to $10,000 or up to $50,000 if the property damage is $10,000 or more.

It is important to note that you must serve a jail or prison sentence if you have a prior conviction of vandalism on at least two occasions whereby you were granted probation or were incarcerated. The prosecutor may choose to charge you with a lesser offense under PC 640.5 and PC 640.6 if you commit vandalism by defacing property with graffiti and the graffiti damage is worth less than $250. Depending on their discretion, the prosecutor may also choose to charge you with regular misdemeanor vandalism under PC 594. If the prosecutor charges you under PC 640.5 or PC 640.6, the potential penalties will vary depending on if it is your first–time or second–time offense.

Theft Crimes — Petty Theft And Grand Theft

You may face petty theft or grand theft charges depending on the value of the property you steal. The California PC 484 outlines the crime of petty theft, which involves wrongfully taking another individual's property, where the property value is less than $950. Petty theft is a misdemeanor crime punishable by six months’ jail time, fines, and probation.

The prosecutor must prove the following elements to charge you with petty theft:

  • You took another person's property.
  • You took the property without its owner’s consent.
  • When you took the said property, you intended to deprive the owner of the property permanently.
  • You moved the property even if it was only for a short distance.

You can commit the crime of petty theft by:

  • Larceny.
  • False pretense.
  • Embezzlement.

Upon conviction of petty theft, the judge may recommend probation instead of jail time. Some of the common defenses you can use to fight a petty theft charge are:

  • You had the property owner's consent.
  • You merely borrowed the property; you did not steal it.
  • You can also assert a claim of right over the property in question.

The California PC 487 outlines the crime of grand theft. You could face grand theft charges if you illegally take another person’s property and the property value is more than $950. The crime of grand theft is a wobbler; the prosecutor may charge the offense as a felony or misdemeanor. If the DA charges the crime of grand theft as a felony, you will face jail time of not more than one year in county jail and fines. If the prosecutor charges as a felony, the penalties include:

  • Felony probation and up to one year in a county jail.
  • A jail time of sixteen months, two years, or three years in a county jail.

If you commit the crime of grand theft firearm, the offense will be an automatic felony, punishable by an imprisonment of 16 months, two years, or three years in a State Prison. Unlike other forms of grand theft, grand theft firearm is a serious felony under PC 1192.7 (c). Therefore, a grand theft firearm conviction will count as a strike on your criminal record.

If you face grand theft charges, you can use the following legal defenses to fight your charges:

  • Lack of intent.
  • You had the property owner’s consent.
  • Claim of right.
  • You were falsely accused.

Trespassing — PC 602

The California PC 602 outlines the crime of trespassing. PC 602 defines trespassing as entering and remaining on another person’s property without the right or permission to do so. California trespassing laws prohibit the following actions:

  • Entering another party’s property with an intent to destroy the property.
  • Entering another individual’s property with the intent to destroy business operations that take place therein.
  • Occupying or entering another person’s property without their consent or permission.
  • Refusing to leave another person’s property when you have been requested to do so.

Other forms of trespassing that could lead to charges under PC 602 include:

  • Taking stone, dirt, or soil off of another person’s land without their consent.
  • Taking shellfish or oysters off of another person’s land without their permission.
  • Refusing to undergo screening at a courthouse or airport.

The legal definition of trespassing is intricate because it includes many activities. The following are the elements that the prosecutor must prove to accuse you of trespassing:

  • You intentionally or willfully entered another person’s land.
  • When you entered the land, you had the intent to interfere with the person’s property rights.
  • You did interfere with the person’s property rights by interfering with their business or damaging their property.

You must have acted willfully for you to face trespassing charges, meaning that you performed the act on purpose. Acting willfully does not imply that you intended to break the law. Instead, it means that you were aware of your actions and their implications. You will not face trespassing charges unless the prosecutor proves that damage or interference happened when you entered another person's land. Therefore, you will not face trespassing charges if you enter a property intending to cause harm or interference, but you fail. One element of trespass is occupying another person’s property without consent. According to the law, occupying means remaining on someone’s property for a significant time.

Penalties Of Trespassing

Criminal trespass may attract misdemeanor, infraction, or felony charges.

Misdemeanor Trespass Charges

The majority of trespass offenses are misdemeanors. If the DA charges the crime as a misdemeanor, the sentence will include:

  • Summary or informal probation.
  • A jail time of up to six months in a county jail.
  • A fine that does not exceed $1,000.

Certain criminal trespass offenses may attract a jail time of up to one year. Such crimes include refusing to leave a battered women's shelter when the manager requests you to do so.

Infraction Trespass Charges — 602.8 PC

If you commit the simplest form of trespass, the offense is an infraction under California law. You are likely to face infraction charges if you:

  • Intentionally enter another person’s land without permission.
  • The said land is enclosed with a fence or has “no trespassing” posters.

The initial crime will be charged as an infraction, punishable by:

  • A fine that does not exceed $75 for the first offense.
  • A fine of up to $250 if you commit a second offense on the same land.

However, if you commit a third trespassing offense on the same land, the crime will attract misdemeanor charges.

Felony Or Aggravated Trespass — PC 601

Aggravated trespass is a unique form of trespass under PC 601. You will face aggravated trespass charges if you:

  • Make a believable or credible threat to injure another person severely, intending to make the person fear for their life or safety.
  • You enter the person’s residence or workplace within thirty days of making the threat, intending to execute the threat.

Under California law, aggravated trespass is a wobbler offense, chargeable as a felony or misdemeanor. The prosecutor will consider your case's facts and criminal history when deciding whether to charge the crime as a felony or misdemeanor. If charged as a misdemeanor, the consequences will include:

  • A jail time of up to one year in a county jail.
  • A fine that does not exceed $2,000.

If the prosecutor charges aggravated trespass as a felony, the consequences would include:

  • A jail time of sixteen months, two years, or three years in a county jail.
  • The judge may also sentence you to a formal probation.

You can use the following defenses to fight trespass charges:

  • You had a right to be on the property.
  • You had the property owner’s consent to be on the property.
  • You did not occupy the property.
  • You did not obstruct or interfere with the business.
  • The land was not signed or enclosed (this will apply for infraction trespass charges).

Arson — PC 451

You will face felony charges if you maliciously and willfully set fire to burn any structure, property, or forest land. You could also face arson charges if you procure, counsel, or aid in burning the outlined structures. The prosecutor will have to prove the following elements to accuse you of arson:

  • You burned, set on fire, or caused the burning of a property, structure, or forest land.
  • You acted maliciously and willfully.

Burning or setting a property on fire means causing damage on the property using fire, no matter how small the part you destroy. Even a seemingly minor action like the charring of wood is enough to earn you arson charges. Under California law, a structure may comprise a building, tunnel, bridge, commercial or public tent, and power plant. If the fire damages several fixtures within a building, they will qualify as structures, as long as they form an integral part of the building. Under PC 451, forestland consists of the following: cut-over land, bush-covered land, grasslands, forests, and grasslands.

Penalties Of Arson

Arson is a felony offense under California law. The specific punishment for arson will vary depending on the type of property you burn and whether another person suffered burns. The potential penalties for arson are:

  • Malicious arson of personal property will attract an imprisonment of 16 months, two years, or three years.
  • Malicious arson or forestland or structure will lead to an imprisonment of two, four, or six years.
  • Burning an inhabited structure or property will attract an imprisonment of three, five, or eight years.
  • If you commit an arson crime, causing significant bodily injury to another person, the potential imprisonment is five, seven, or nine years.

For an arson crime, you will serve incarceration in state prison and not a county jail. An arson conviction will have negative immigration consequences. If you are a non-US citizen, an arson conviction could lead to deportation from the US. An arson conviction could also render a non-US citizen inadmissible into the United States. Arson is a crime of moral turpitude.

You can use several defenses to fight a felony conviction:

  • You did not act willfully.
  • The fire did not start because of arson.
  • You had no criminal intent.

Receiving Stolen Property — PC 496

According to California PC 496, it is unlawful for a person to receive stolen property. The prosecutor will have to prove several elements to accuse you of receiving stolen property:

  • You received, bought, sold, concealed, aided in selling, or withheld property that had been stolen from another person.
  • When you did so, you knew that the goods had been obtained in extortion or stolen.

Receiving stolen property is a wobbler offense, charged as a felony or misdemeanor. If the District Attorney charges the crime as a misdemeanor, the consequences will include:

  • Summary or informal probation.
  • Custody of up to one year in a county jail.
  • A fine that does not exceed $1,000.

If the District Attorney charges the crime as a felony, the penalties will include:

  • A felony probation.
  • Imprisonment of up to three years in a county jail.
  • A fine of up to $10,000.

It is important to note that you will only face misdemeanor charges for receiving stolen property if the value of the property involved is less than $950.

A crime of receiving stolen property will have negative immigration consequences resulting in a non-citizen being deported. This crime of moral turpitude could make the defendant inadmissible into the United States.

The typical defenses that you can use to fight a charge of receiving stolen property include:

  • You did not know that the property was stolen.
  • When you received the stolen property, you intended to return it to the owner or submit it to law enforcement.
  • You did not receive stolen property or have control over it.

Find a Fresno Criminal Defense Attorney Near Me

A property crime conviction often attracts several penalties. Therefore, if you face property crime charges, you need an aggressive attorney to help you create a convincing defense. For reliable legal representation, contact California Criminal Lawyer Group in Fresno. Call us at 559-712-8377 and talk to one of our attorneys.