Being accused of a theft crime in Mission Viejo puts your reputation, freedom, and future on the line. The stakes are high, and immediate action is critical. Theft-related charges—including shoplifting, burglary, grand theft, and embezzlement—can result in jail time, heavy fines, probation, and even a permanent felony on your record. Such convictions can impact your career, your ability to secure housing, and much more.
Don’t delay—if you are facing theft accusations, contact an experienced California theft lawyer at (949) 942-8580 right away. The sooner you begin building your defense, the better your chances of achieving a positive outcome. My Rights Law is here to stand up for you and fight to minimize the consequences of your charges.
The California Penal Code outlines many forms of theft crimes, each carrying different levels of severity and penalties. How a theft offense is prosecuted often depends on the facts of the case, the value of the property involved, and your prior record. In essence, all theft crimes involve unlawfully taking someone else’s property with the intent to permanently deprive them of it. Each case demands a unique approach to defense.
No matter what type of theft charge you’re up against, our legal team understands how to approach your defense. Below, we’ll explain each type of charge and the potential legal consequences you may face.
California Penal Code section 484(a) defines petty theft as the unlawful taking of property valued at $950 or less. This often includes minor shoplifting incidents, pickpocketing, or stealing low-value items from businesses or individuals. While these cases might seem minor, they are still treated seriously under the law and can carry consequences that affect your record and your future.
Penalty for a Petty Theft
Most often, petty theft is prosecuted as a misdemeanor, which may involve the following penalties:
The specific punishment can depend on factors like the victim (such as a business or vulnerable person), the presence of force or fear, and whether you have previous theft convictions. If you have prior convictions, you may face a “petty theft with a prior,” which can even be charged as a felony, resulting in much harsher penalties. Don’t risk your future—consult a Mission Viejo theft defense attorney for help.
According to Penal Code 459.5(a), shoplifting is defined as entering an open business during regular hours intending to steal goods worth $950 or less. This law covers most retail thefts in Mission Viejo, whether or not the theft is actually completed.
Penalties for Shoplifting
If it is your first offense, there may be alternatives to jail time. An experienced theft crime attorney in Mission Viejo can fight for a lighter sentence, alternative sentencing, or even a complete dismissal of the charges. It is crucial to have legal representation to ensure the best possible outcome for your case.
Under Penal Code 487(a), grand theft involves taking property valued at more than $950, or theft of specific items such as firearms, vehicles, or certain livestock, regardless of value. Grand theft charges are more serious and the legal consequences are much greater than for petty theft.
Penalties for Grand Theft
Grand theft is a “wobbler” offense, meaning it may be prosecuted as either a misdemeanor or a felony depending on the situation and your criminal record:
A felony conviction can seriously impact your life, making it difficult to find a job or housing and potentially affecting your immigration status. If you are facing grand theft charges, having a knowledgeable Mission Viejo theft attorney is essential. Your lawyer can work to reduce your charges or minimize the impact on your life.
Burglary, defined by Penal Code 459, occurs when someone enters a building or structure (residential or commercial) intending to commit theft or another felony inside. First-degree burglary applies to residential structures, while second-degree burglary usually refers to businesses or other properties.
Penalties for Burglary
Burglary cases are prosecuted more aggressively than many other theft offenses because intent to commit a crime is present before entry. However, a skilled Mission Viejo criminal defense lawyer may be able to challenge the prosecution’s evidence of intent, which could result in reduced charges or even a case dismissal.
Embezzlement (Penal Code 503) occurs when someone entrusted with another person’s money or property unlawfully takes or uses it for their own benefit. This is common in workplaces and situations involving management of financial accounts, but embezzlement charges can also arise in family or business settings.
Penalties for Embezzlement
Embezzlement cases are unique because even an honest mistake or a bookkeeping error can sometimes lead to charges. The key to fighting embezzlement charges is to demonstrate lack of intent and clarify the facts. If you’re facing embezzlement charges in Mission Viejo, consult an attorney who can build a strong defense and protect your rights.
Proposition 47, passed in 2014, changed the way California treats many non-violent theft offenses, reducing many of them from felonies to misdemeanors if the value of the property is $950 or less. Crimes like petty theft, shoplifting, and receiving stolen property often now qualify for reduced sentencing or even resentencing for those previously convicted under older laws.
If you are charged with a theft-related felony in Mission Viejo, you may be eligible for relief under Proposition 47. Our law firm can review your case and advocate for misdemeanor treatment, helping you achieve the most favorable outcome possible.
Every theft case is different, but there are proven strategies My Rights Law uses and customizes for your situation. Our primary defense tactics include:
Intent is a crucial part of any theft charge. If we show there was no deliberate intention to steal—perhaps it was accidental or a misunderstanding—we can seek to reduce or dismiss the charges.
Theft allegations often depend on unclear video evidence or unreliable witnesses. If you were not clearly identified, we will challenge the evidence and fight the accusations against you.
If police officers violated your rights during a stop, search, or arrest, we can move to have the evidence thrown out and undermine the prosecution’s entire case.
If the property was borrowed, given, or truly yours, we can demonstrate that no unlawful taking occurred, making this a strong defense to theft charges.
For first-time offenders, we often pursue:
These solutions can help you avoid a criminal conviction and keep your record clear. Our mission is to protect your freedom, reputation, and future.
Being charged with a theft crime in Mission Viejo can feel overwhelming, but it’s not the end of your story. An experienced theft attorney can help minimize the consequences and defend your rights.
The Mission Viejo theft lawyer team at My Rights Law has a proven history of fighting charges, securing favorable results, and keeping clients out of jail. We are thorough, aggressive, and 100% committed to defending you.
Don’t go through this alone. Trust a theft defense attorney Mission Viejo residents rely on for their most serious cases.
Call us now at (949) 942-8580 or contact us online for a free consultation. One call could mean the difference between freedom and a conviction.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
The last modified date shows when this page was most recently reviewed.
schedule a free confidential consultation
