Theft crimes are common in California. Many people recognize theft as the behavior of stealing. Under the state's laws, theft involves taking another person's property or item without consent to deprive their ownership. Thus it's the act of illegally receiving other people's property.

Did you know there are various forms of theft crimes? When you face charges for theft crimes in California, you are likely to face robbery, grand theft, petty theft, burglary, amongst others. The court considers multiple elements to determine each theft crime.

The elements include the value of the stolen item, your criminal record, the type of theft, and the facts surrounding the case. The crimes attract heavy fines and longer jail terms. That's why you want to seek legal help from a competent criminal attorney. A competent and experienced criminal attorney is highly recommended for the best case outcomes.

Our attorneys at California Criminal Lawyer Group in Fresno are ready to help you fight the charges. With our competent attorneys, we are ready to assist you fight any theft crime charge you face. We build a strong defense and ensure you understand your charges. Thus contact us as soon as possible, and we will start working on your case.

Types of Theft Crimes in California

Theft crimes are classified into several types. Circumstances and specifics around each crime determine them. As per the California laws, each kind of theft crime has its clear punishment and penalties. The more serious the case, the harsh the penalties. In California, the common theft crimes are embezzlement, grand theft, identity theft, receiving stolen property, robbery, burglary, etc. The following are the description of the common theft crimes with their potential penalties:

Petty Theft - California PC 484

In California, petty theft involves any theft offense of a property valued at less than $950. Before you face conviction for the crime, the prosecution team must prove the elements of the crime. So, if the prosecutor fails to prove all the elements of the crime, then you will not face conviction for the crime. The elements of petty theft are:

  • You were involved in a crime, meaning you illegally took another person’s property.
  • The alleged property had a value below $950.

Theft may include labor, money, or property. If the worth of the property in question exceeds $950, then the crime becomes a grand theft. As per Prop 47, when you take an item from a business store during regular working hours and the worth is below $950, you will face a shoplifting charge, not petty theft.

Under the state’s laws, petty theft is a misdemeanor. A conviction for the offense will attract six months jail time in county jail or pay a fine of up to $1,000 or even both. But, if the alleged property had a value below $50, the court will charge you with an infraction and pay a fine not exceeding $250.

Petty Theft Involving a Prior Conviction

If you face a petty theft charge with a previous conviction, you will more likely face a felony charge which will attract a state jail time sentence. As per the state’s three-strikes laws, you will face a 25 years sentence when you have two prior convictions for violent or serious felonies. Remember, the conviction for petty theft will be a third felony crime and attract a maximum sentence under the three-strikes law. If you face a petty theft conviction, it's recommended you work closely with your attorney to help you understand more about the crime.

Grand Theft - California PC 487

Grand theft involves the theft of a property with a value above $950. The elements of grand theft include:

  • You engaged in theft.
  • The property in question had a value above $950.

Theft may involve labor, money, or property. When the alleged property has a value below $950, the court considers the crime as petty theft. In California, grand theft occurs in different types, including:

  • Grand theft using tricks.
  • Auto grand thefts.
  • Grand theft through embezzlement.
  • Grand theft using the pretense.
  • Grand theft using a firearm.

Grand theft may occur when you steal a computer from another person’s office while they are out for their lunch. Also, the offense may occur when an employer issues a company credit card to the employee to buy goods. Still, instead, the employees use the credit card for their purchases without permission.

Under California laws, grand theft is a “wobbler.” So, you may face the charges as either felony or misdemeanor. A misdemeanor grand theft will attract three years informal probation, a fine not exceeding $1,000, and six months jail time. Alternatively, a felony grand theft will carry 16 months, 2, or 3 years imprisonment in a state jail.

The law allows you to challenge the prosecutor’s evidence by working with your criminal defense attorney. For instance, you may argue you didn’t take the alleged property or the property had a value of less than $950. Also, you may claim the property in question was yours. Lastly, your criminal defense attorney may argue you mistakenly took the property.

Remember, if you obtain services or goods and fail to pay, the court will charge you with defrauding as per the California PC 537. The crime will carry different penalties as compared to grand theft crimes.

Burglary, California PCs 459 and 460

Burglary is another common theft offense in California. The crime occurs in two forms, first-degree and second-degree burglary. The difference is whether the crime happened in non-residential (second degree) or residential (first degree). First-degree burglary is also known as residential burglary, while a second degree is known as commercial burglary. Before you face conviction for the crime, the prosecution team must prove the elements of the offense. The elements are:

  • You intentionally entered a residential or commercial building.
  • You had the purpose of committing a theft or felony.

For instance, you commit a first-degree burglary in California when you enter another person's house with the aim of stealing, attacking the residents, or damaging the home. At the same time, you commit a second-degree burglary when you enter a store after regular working hours to steal from the store. Before facing conviction, the prosecution team will prove the elements of the offense.

The punishment and penalty for the crime vary depending on whether you face a first or second-degree burglary. The courts consider first-degree burglary as a strike under the state's three-strikes laws. Since the crime counts as a strike, the punishment and penalties are also long. So, a first-degree burglary may attract jail terms of up to 6 years in California jails.

The law considers second-degree burglary as a misdemeanor. Thus you may face a sentence not exceeding a year in county jail and pay other substantial fines. However, if you face a conviction for a second-degree felony, you will face up to 3 years in county jail.

Remember, you may still challenge the prosecutor's evidence through the help of a competent criminal defense attorney. You might argue you didn't have any intention of committing theft after entering the building. Your defense attorney may claim you didn't form the intent of engaging in theft until you entered the house. Also, the attorney may argue the building you entered was ineligible for a residence as per the first-degree burglary. Lastly, you may argue you believe the alleged items belonged to you.

Remember, any defense you choose will depend on the facts surrounding the case. A burglary conviction may negatively impact your future job opportunities. Thus you want to call your criminal defense attorney as soon as after the arrest.

Auto Burglary, California PC 459

An auto burglary occurs when you enter a locked automobile to steal the car or item contained in the vehicle. Before you face conviction for the crime, the prosecution team must prove you unlawfully entered a vehicle by breaking its window or unlocking the door. If the prosecution team cannot prove the elements of the crime, then you will not face conviction. Also, through the help of a skilled criminal defense attorney, you may challenge the prosecutor's evidence, and the court reduces or drop your charges.

Robbery, California PC 211

Robbery is a common theft crime committed in every part of the world. The crime involves a confrontation between two or more parties whereby either threats or force is applied to coerce someone to engage in a crime. The potential penalties for robbery may increase based on various circumstances, like whether a deadly weapon was used to commit the crime or whether the crime caused significant bodily injuries. Unlike under grand or petty theft, the amount of money involved doesn't matter.

In California, you commit robbery when you use threats, force, or violence to another person's property. The elements of the crime are:

  • The alleged victim had possession of the property on the question.
  • You took possession of the property from the owners.
  • You took the property without the victim's consent.
  • You used threats or force to take the property.

Before you face a robbery conviction, the prosecutor must prove the above elements of the crime. Typically the case in California involves holding a firearm against a person and demanding them to give out their money, punching someone and taking their phone or wallets, and grabbing a purse or backpack while another person is carrying them.

The penalties for robbery cases vary depending on the facts surrounding the case. For example, first-degree robbery, which involves residential robbery, robbery in a vehicle, ATM, attract state prison not exceeding nine years. Other robbery cases attract a state jail term not exceeding five years. You want to speak with your criminal defense attorney to help you learn more about robbery cases.

The Potential Defenses for Robbery Charge

You may also fight the robbery charge as per the law. Again, work with an aggressive criminal defense attorney. The attorney will build a strong defense to challenge the prosecutor's evidence. the following are the common defenses for robbery charge:

  • No Fear or Force

Your criminal defense attorney may argue no fear or force was applied when committing the crime. Fear and force are critical elements of the crime, which the prosecutor must prove before you face conviction. You did not apply force or fear; the judge may reduce or drop the charges.

  • Mistaken Identity or False Allegations

Sometimes you may show the court the alleged victim falsely accused you. For instance, the victim might be seeking revenge out of revenge. Also, you may claim the alleged victim mistaken you for another person. Perhaps the actual robbers were wearing a mask, thus making their testimony unreliable. So, by arguing you were falsely accused, the court will either drop or reduce the charges.

  • You Reasonably Believe You Owned the Alleged Property

The defense is often referred to as the claim of right. Thus you use the defense when you believe the property in question was yours. You applied the defense even when you were mistaken, provided you can prove your argument at the court. So, the judge will drop or dismiss your charges.

California PC 496 - Receiving Stolen Property

You receive stolen property when you purchase or receive an item you knew was stolen from someone else. Before you face conviction for the crime, the prosecution team must prove the following elements:

  • The alleged property was stolen.
  • You concealed, possessed, or sold the alleged property.
  • You knew the nature of the alleged property.

You may receive stolen property when your close friends inform you they had stolen a car and offered to sell it to you at a lower price, and you ended up purchasing the vehicle. Although you did not engage in theft, you received stolen property. Thus you will face charges for receiving stolen property.

The crime is a wobbler in California. Thus the prosecution team may either file a misdemeanor or felony charge. When a misdemeanor, the crime will carry a one-year jail term in county jail. Alternatively, when charged as a felony, the offense will carry up to three years of jail term. When the property's value in question is below $950, you will face a misdemeanor charge.

The Potential Defenses for Receiving Stolen Property

When You face accusations for receiving stolen property in California, you want to seek legal help from a theft lawyer to review your case and build a solid defense to challenge the prosecutor's evidence. the defenses include:

  • You Did not Know the Property in Question was Stolen

Before you receive a conviction for the crime, the prosecutor must prove you knew the property under your possession was stolen. Your criminal defense attorney may argue you had not the actual knowledge that the property in question was stolen, thus not facing conviction. Also, the attorney may claim there weren't indicators for stolen property, like removing the property serial number.

  • Lack of Possession

Under the California laws, you will not face conviction for the crime when you never possessed the alleged property. For instance, you agree to buy a television from your neighbor and arrange to pick it the following day. Later in the evening, the friend informs you a residence was apprehended for burglary. A television was stolen with a similar description as the one you had agreed to purchase.

After hearing the news, you inform your neighbor, declare the deal off, and then claim your money back. Thus you did not take possession of the alleged property or even control it. You only need to prove before the court you never possessed the property. As per the law, you will not face conviction for the crime.

  • Innocent Intent

Innocent intent is another potential defense for receiving stolen property in California. Under the law, you will not face conviction when you aim to return the alleged property to the owner or police officers after receiving it. But if you received the property with the intent to return it to the owner or police officers but decide to resell it to gain property, you will face conviction for the crime. Thus your attorney needs to show the court you intended to return the property, and the court will reduce or dismiss the charges.

Carjacking, California PC 215

Carjacking is another theft crime in California. The offense is felony theft. The elements of the crime are:

  • The alleged victim had a vehicle.
  • You took the car from either the passenger or driver while driving.
  • You took the car against the will of the owner using either threats or force.
  • You took the car with the aim of temporarily or permanently depriving the owners.

So, before you face conviction for the carjacking, the prosecutor must prove the above elements. The crime attracts severe penalties and punishments. However, you may still fight the charges. For example, you might argue you didn't use fear or force to take the car.

But before you face conviction for the crime, the prosecution team must try to prove you took the vehicle through either using fear or force. Also, you may claim you had the victim's consent to take the car. Your theft attorney may also argue you were arrested due to mistaken identity; thus, you were not the actual person engaged in the crime, but the crime suspect resembled you.

Grand Theft Firearm, PC 487 (d)(2)

In California, grand theft firearms involve stealing firearms like rifles and guns. The value of stolen firearms will determine whether you face petty or grand theft charges. To face a grand theft firearm, the value of the stolen firearm must be $950 and above. When the value is below $950, the prosecutor may file charges as petty theft.

When the defendant had a prior conviction, they may face grand theft firearm despite the firearm's value. The crime is a felony offense in California and attracts a jail time of up to 3years and a fine not exceeding $10,000.

Shoplifting, California PC 459.5

Shoplifting is another theft crime in California. The crime involves entering a commercial business during regular working hours to commit a theft crime below $950. It means you engage in shoplifting when you enter a business to steal merchandise. If you enter a commercial business that is closed to commit larceny, the crime is burglary. Before you face conviction for shoplifting, the prosecution team must prove the following elements:

  • You entered a commercial business during regular working hours.
  • You had an aim to steal property worth below $950.

The Potential Penalties for Shoplifting

When you face shoplifting as a misdemeanor, the crime will attract a county jail term for up to six months. Also, you will pay a fine not exceeding $1,000. Alternatively, you may feel a shoplifting felony charge that will attract a fine of up to $10,000 and a three-year jail term. Felony penalties apply when you have any of the following proven convictions:

  • Vehicular manslaughter.
  • Registration as a sex offender.
  • Attempted murder or murder.
  • Any severe or violent felony conviction.

However, you may still fight a shoplifting charge through the legal help of your criminal defense attorney. The attorney will come up with several strategies to ensure you obtain the best outcome of your case. First, the attorney will review your case and then provide legal guidance. For example, the attorney may argue you didn't intend to steal from the commercial business. Also, the attorney may say you were falsely accused, and thus you did not commit the crime. Lastly, your criminal defense attorney may argue the police violated your rights during the seizure and arrest. 

Contact a Fresno Criminal Attorney Near Me

Theft crimes might be minor or severe. Yet, many theft crimes have severe penalties, including heavy fines and long jail terms. That's why it's recommended you work with a theft attorney to challenge the prosecutor's evidence and help fight the charges. Finding a competent attorney is the first critical step you should take for the success of your case. At California Criminal Lawyer Group in Fresno, we are here to help you. Our attorneys have long experience in assisting clients with theft crimes, no matter the situation.

The team consists of highly trained professionals. We ensure your rights are protected, and the process goes smoothly. We also understand that facing a theft crime charge might be stressful to you, your family, and your family. Contact us now at 559-712-8377, and speak with our highly knowledgeable and friendly team.