Barstow Theft Attorney

Theft Attorney in Barstow – Free Strategy Session

Being charged with a theft crime in Barstow places your future and liberty at risk, and you must act quickly. Theft offenses include shoplifting, burglary, grand theft, embezzlement, and more. Each can result in jail time, fines, probation, or even a permanent felony conviction on your record that affects you for life.

If you are facing theft charges, don’t hesitate to contact an experienced California theft lawyer at (760) 490-0308. Because time is critical, beginning your defense immediately is essential to protecting your rights and minimizing the consequences.

Ready to speak with a Barstow theft crime attorney? Contact us now at (760) 490-0308 or contact us online.

Common Barstow Theft Crimes

Theft offenses in California are categorized under different Penal Code sections, each with specific circumstances and penalties. Although the legal definition generally involves unlawfully taking someone else’s property with intent to steal, the prosecution and defense vary by theft type. In Barstow, some of the theft crimes we frequently handle include:

Petty Theft – PC 484(a)
Shoplifting – PC 459.5(a)
Grand Theft – PC 487(a)
Burglary – PC 459
Embezzlement – PC 503
Receiving Stolen Property – PC 496

No matter which theft charge you face, we have the expertise to develop an effective defense. Below, we explain what each offense entails and how the law may apply in your case.

Petty Theft

Penal Code section 484(a) defines petty theft as the unlawful taking of property valued at $950 or less. This usually covers minor offenses like shoplifting, pickpocketing, or other thefts involving low-value items. Petty theft cases are common in Barstow and can still carry serious consequences if not handled properly.

Penalty for Petty Theft

Typically, petty theft is charged as a misdemeanor, with punishments that may include:

Up to 6 months in county jail
A fine up to $1,000
Probation, community service, or theft prevention classes

The severity of the penalty depends on factors such as the value of the stolen goods, the circumstances of the crime, and whether the victim is a vulnerable individual or a business. Prior convictions can lead to enhanced charges, such as petty theft with a prior, which may be elevated to a felony with harsher penalties. A knowledgeable Barstow theft attorney can help navigate these complexities and fight to minimize the impact on your life.

Shoplifting

Under Penal Code 459.5(a), shoplifting involves entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. This is a common charge in Barstow, often involving retail theft.

Penalties for Shoplifting

Usually charged as a misdemeanor
Up to six months in county jail
Court fines and possible restitution to the store
If convicted of prior serious offenses, shoplifting charges may be elevated to a felony

If shoplifting is your first offense, there are often opportunities for reduced sentences, alternative sentencing programs, or even dismissal. A skilled Barstow theft attorney can aggressively advocate on your behalf to achieve the best possible outcome.

Grand Theft

According to Penal Code 487(a), grand theft occurs when the value of stolen property exceeds $950. This also includes theft involving firearms, automobiles, or certain livestock. Grand theft is a more serious offense in Barstow and carries significant legal consequences.

Penalties for Grand Theft

Grand theft is considered a “wobbler” offense, meaning it can be charged either as a misdemeanor or felony depending on the situation and the value involved. The penalties vary as follows:

Misdemeanor: Up to 1 year in county jail
Felony: Up to 3 years in state prison
Possible restitution to the victim and formal probation

A felony conviction for grand theft can have lasting impacts beyond criminal penalties, including difficulty finding employment, housing challenges, and immigration complications. If you face grand theft charges in Barstow, hiring an experienced theft attorney is crucial to protect your rights and fight for reduced or dismissed charges.

Burglary

Penal Code 459 defines burglary as unlawfully entering a structure—whether residential or commercial—with the intent to commit theft or another felony inside. Burglary is classified as first-degree if it involves a residence, and second-degree if it involves a commercial property.

Penalties for Burglary

First-degree burglary is always a felony, with penalties including:

2, 4, or 6 years in state prison
Designation as a strike under California’s Three Strikes Law

Second-degree burglary is a wobbler offense:

Misdemeanor: Up to 1 year in county jail
Felony: Up to 3 years in state prison

Because burglary requires proving intent to commit a felony upon entry, it is typically punished more severely than other theft crimes. However, a knowledgeable Barstow criminal defense attorney can challenge this intent element to potentially reduce or dismiss your charges.

Embezzlement

Embezzlement, covered under Penal Code 503, involves the fraudulent taking of property by someone who was entrusted with it. This often arises in employment situations or where someone manages financial accounts.

Penalties for Embezzlement

Charges depend on the value of the property taken:

Less than $950: Usually a misdemeanor
More than $950: Felony charges

Penalties can include restitution, fines, jail or prison time, and potential professional consequences

Embezzlement cases can be complicated, especially when misunderstandings or accounting errors occur. An experienced theft attorney in Barstow can help demonstrate a lack of malicious intent and build a strong defense to protect your future.

Proposition 47

Passed in 2014, Proposition 47 reclassified many non-violent offenses from felonies to misdemeanors, including petty theft, shoplifting, and receiving stolen property where the value is $950 or less.

This law allows many defendants to qualify for reduced sentences or resentencing if previously convicted under harsher felony statutes.

If you are facing felony theft charges in Barstow, our legal team can review your case for eligibility under Prop 47 and work to have your charges reduced to misdemeanors.

Defending Strategy Against Theft Charges

Every theft case is unique, but at My Rights Law, we apply proven strategies tailored to your specific circumstances. Key defenses we use include:

Lack of Intent

The key to many theft cases is proving intent. If we show the act was accidental or a misunderstanding, we can work toward reduced charges or dismissal.

Mistaken Identity

Theft accusations often rely on unreliable eyewitness accounts or poor-quality footage. If your identity is unclear, we will aggressively challenge the prosecution’s case.

Illegal Search and Seizure

If police violated your rights during a stop, search, or arrest, we can seek to exclude illegally obtained evidence, weakening the prosecution’s position.

Consent or Ownership Dispute

If you lawfully possessed, borrowed, or were gifted the property in question, we will assert this defense to prove no unlawful taking occurred.

Diversion and Probation Options

For first-time offenders, alternatives such as:

Pretrial diversion programs
Probation in lieu of jail time
Theft education courses

These options aim to avoid convictions and protect your record. Our priority is safeguarding your freedom, reputation, and future.

Protect Your Future – Contact With Barstow Theft Crime Attorney

Being charged with a theft crime in California can be overwhelming, but it’s not the end of the road. A skilled Barstow theft crime attorney can help lessen the impact on your life.

At My Rights Law, our Barstow theft defense team has a strong record of winning cases, negotiating better terms, and keeping clients out of jail. We fight relentlessly to defend your rights.

Don’t face these charges alone. Trust a Barstow theft crime lawyer who understands how to protect your future.

Call us now at (760) 490-0308 or contact us online for a free consultation. One call could be the difference between jail time and freedom.

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