Arrested For Theft In California?

Nearly everyone is taught early in life that taking things that belong to someone else is wrong. People who ignore this lesson of youth and steal things that belong to another person may be charged with theft. Under California law, theft entails wrongfully taking another person’s money, real property, or personal property. Not paying a person for their labor or services can also constitute theft.

Types Of Theft

Under California law, there are two basic levels of theft: petty theft and grand theft. Both crimes involve the wrongful taking of property that belongs to someone else. The difference between the two crimes is the value of the property that is stolen. Theft of items valued at less than $950 is petty theft, a misdemeanor. Theft of items worth over $950, or of a firearm of any value, is grand theft, which is considered a “wobbler” under California law. This means that the prosecutor may charge the crime as a misdemeanor or a felony.

The standard that California uses to value the stolen property is the fair and reasonable market value for the property. For theft of services, the value of the services is either the contract price for the services or, in the absence of a contract, the reasonable going cost for similar services.

There are a few ways that theft can happen under California law:

Theft By Larceny

Theft by larceny occurs when someone takes physical control of another person’s personal property. For example, someone stealing your cell phone off of your table at a coffee shop would be larceny.

Theft By Trick Or By False Pretenses

Theft by trick or by false pretenses occurs where the accused thief uses some kind of fraud or deceit to take control of the property, with the intent to deprive the true owner of the use and benefit of the property. Borrowing a friend’s hedge trimmer with no intention of returning it could fall into this category.

Theft By Embezzlement

Theft by embezzlement involves a situation where the accused thief had possession or control over the property, and was authorized by the property owner to have possession of it when the accused person fraudulently takes control of the property with the intent to take it permanently away from its rightful owner. The most obvious example of this is when an employee managing the finances of a business improperly takes some of the business’s money.

Punishments And Penalties

Petty Theft

Misdemeanor petty thefts carry a sentence of up to six months in jail, a $1,000 fine, or both. When the offender has a prior conviction for theft or some other serious or violent offense, the prosecutor can charge the petty theft as a felony. A felony theft conviction has a potential of prison time of 16 months to three years.

For property with a value of less than $50, the prosecutor is allowed to charge the crime as an infraction, if the offender has no other theft-related convictions. An infraction is punishable by a fine of up to $250.

Grand Theft

Depending on the circumstances and any prior history of the offender, a prosecutor can charge grand theft as a felony or a misdemeanor. Sentencing may range from 16 months up to three years in prison.

Looting

Looting is a unique kind of theft defined as an act of grand theft or petty theft during a state of emergency, local emergency, or evacuation order. For grand theft looting (of items valued at more than $950), the prosecutor can charge a misdemeanor or a felony, depending on circumstances, with prison sentences ranging from 16 months to 3 years. Petty theft looting is a misdemeanor with a potential six-month jail sentence.

Defenses To The Charges

Facing theft charges is serious and potentially life-changing. Even if you’ve been charged with theft, though, you can have hope for a positive outcome, as there are some defenses that may help. You may have had a legitimate belief that the property was yours to take, for example, or you may be able to show that you didn’t intend to take it permanently away from the owner. With an experienced criminal defense attorney to guide you through the complexities of the case, you can raise the critical defenses that may alter the course of your case.

California Theft Attorney

The criminal defense lawyers at My Rights Law – Criminal & DUI Attorneys are all about defending the rights of those who are accused of theft and other related criminal offenses in California. If you have been charged with theft, feel free to call