Montclair Theft Attorney

Theft Attorney in Montclair – Free Strategy Session

Facing theft charges in Montclair puts your future and freedom at serious risk, and time is critical. Theft crimes—whether shoplifting, burglary, grand theft, embezzlement, or others—can result in jail, fines, probation, or even a lifelong felony conviction that will impact your record permanently.

If you’re accused of theft, don’t delay. Contact a skilled California theft defense lawyer at (909) 330-3880 immediately. Acting quickly to build your defense is essential to protect your rights and reduce potential consequences.

Ready to speak with a Montclair theft crime attorney? Contact us now at (909) 330-3880 or contact us online.

Common Montclair Theft Crimes

Theft offenses in California are classified under different sections of the Penal Code, each with unique charges and penalties based on the crime’s circumstances. The general legal definition involves unlawfully taking someone else’s property with intent to steal. In Montclair, some of the most frequently encountered theft charges 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 the theft statute involved, our experience allows us to tailor your defense effectively. Below, we explain these charges and the prosecution approaches commonly used against them.

Petty Theft

According to Penal Code section 484(a), petty theft is defined as the unlawful taking of property valued at $950 or less. This usually includes minor offenses such as shoplifting, pickpocketing, or stealing low-value items.

Penalties for Petty Theft

Petty theft is generally charged as a misdemeanor and can result in penalties like:

• Up to 6 months in county jail
• A fine reaching $1,000
• Probation, community service, or mandatory theft education programs

The punishment depends on several factors, including the value of the stolen goods, the nature of the victim (such as businesses, elderly, disabled individuals, or minors), and whether force or intimidation was involved. Prior theft convictions may lead to enhanced charges, such as petty theft with a prior, which could be charged as a felony, carrying significantly harsher consequences. Having a knowledgeable Montclair theft attorney is critical to protect your rights and seek the best possible outcome.

Shoplifting

Under Penal Code 459.5(a), shoplifting occurs when someone enters a retail establishment during business hours intending to steal merchandise valued at $950 or less.

Shoplifting Penalties

• Usually charged as a misdemeanor
• Up to six months in county jail
• Court fines and potential restitution payments
• If convicted of serious prior crimes (such as rape, murder, or sex offenses), shoplifting charges may be elevated to felony status

For first-time shoplifting offenders, penalties can often be reduced or alternative sentencing options pursued. A skilled Montclair theft attorney can advocate for charge reductions, alternative sentencing programs, or even case dismissals depending on the circumstances.

Grand Theft

Penal Code 487(a) classifies grand theft as the unlawful taking of property valued over $950. This also includes cases involving firearms, vehicles, or certain types of livestock.

Grand Theft Penalties

Grand theft is a “wobbler” offense in California, meaning it can be charged either as a misdemeanor or felony, depending on factors like the value of stolen property and case specifics. Penalties include:

• Misdemeanor: Up to 1 year in county jail
• Felony: Up to 3 years in state prison
• Possible restitution payments and probation

A felony conviction can severely impact your life beyond the courtroom, affecting job prospects, housing opportunities, and even immigration status. It’s vital to retain an experienced theft attorney in Montclair who understands how to defend against felony charges and protect your future.

Burglary

Per Penal Code 459, burglary involves unlawfully entering a building—whether residential or commercial—with the intent to commit theft or any felony inside. First-degree burglary refers to residential properties, while second-degree pertains to commercial buildings.

Burglary Penalties

• First-degree burglary is always charged as a felony:
  • Prison sentences of 2, 4, or 6 years
  • Considered a strike offense under California’s Three Strikes Law
• Second-degree burglary is a wobbler:
  • Misdemeanor: Up to 1 year in county jail
  • Felony: Up to 3 years in state prison

Because burglary requires proving intent to commit a crime before entry, it is punished more severely than other theft offenses. However, a skilled Montclair criminal defense attorney can challenge this element, potentially leading to reduced charges or outright dismissal.

Embezzlement

Embezzlement, defined under Penal Code 503, occurs when a person fraudulently takes property they were entrusted with. This crime frequently arises in employment or financial account management contexts.

Embezzlement Penalties

• Penalties depend on the value of the property involved:
  • Less than $950: Misdemeanor charge
  • More than $950: Felony charge
• Consequences may include restitution, fines, jail or prison time, and professional or licensing repercussions

Even honest mistakes or accounting errors can lead to embezzlement charges. To protect your rights and establish lack of malicious intent, it’s crucial to seek experienced theft attorney representation in Montclair. They will help craft a defense that clarifies the facts and avoids unnecessary penalties.

Proposition 47

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

This change means many defendants now qualify for reduced sentences or resentencing if they were previously convicted under stricter laws.

If you are facing felony theft charges, our law firm can review your case for potential Proposition 47 relief and advocate for misdemeanor treatment where applicable.

Defending Strategy Against Theft Charges

Each theft case is different, but at My Rights Law we use proven strategies tailored to your unique circumstances. Our key defense tactics include:

Lack of Intent

A critical component of theft charges is proving intent. If we can show the taking was accidental or a misunderstanding, charges may be reduced or dismissed entirely.

Mistaken Identity

Theft cases often rely on unclear surveillance or mistaken eyewitness identification. If your identity is in question, we will aggressively challenge the prosecution’s evidence.

Illegal Search and Seizure

If your constitutional rights were violated during any search or arrest, we can file motions to suppress unlawfully obtained evidence, undermining the prosecution’s case.

Consent or Ownership Dispute

If the property was borrowed, gifted, or legally yours, we assert this defense to prove there was no criminal taking involved.

Diversion and Probation Options

For first-time offenders, we may seek:

• Pretrial diversion programs
• Probation alternatives to incarceration
• Theft prevention or education courses

These options help avoid convictions and preserve your clean record. Our priority is to protect your freedom, reputation, and future.

Protect Your Future – Contact With Montclair Theft Crime Attorney

Facing theft charges in California is stressful but not the end. A skilled Montclair theft crime attorney can help minimize the impact on your life and rights.

At My Rights Law, our Montclair theft defense team fights aggressively to reduce or dismiss charges and keep clients out of jail. We are committed, strategic, and focused on your defense.

Don’t go through this alone. Trust the Montclair theft attorney who stands by you in your toughest legal battles.

Call us now at (909) 330-3880 or contact us online for a free consultation. One call could save your freedom.

Ready to speak with a Montclair theft crime attorney? Contact us now at (909) 330-3880 or contact us online.