Rancho Santa Margarita Theft Attorney

Theft Attorney in Rancho Santa Margarita – Free Strategy Session

Facing theft crime charges in Rancho Santa Margarita means that your future and your freedom are at serious risk, and immediate action is crucial. Theft offenses in California—ranging from shoplifting and burglary to grand theft, embezzlement, and more—can result in jail time, significant fines, and probation. In the most severe situations, the prosecution may pursue felony charges, which can leave you with a permanent criminal record and lifelong consequences.

If you have been accused of a theft crime, don’t delay. Contact a knowledgeable California theft attorney at (949) 942-8580 right away. The sooner you begin working on your defense strategy, the better your chances of protecting your rights and your future.

Ready to speak with a Rancho Santa Margarita theft crime attorney? Contact us now at (949) 942-8580 or contact us online.

Common Rancho Santa Margarita Theft Crimes

Theft crimes are classified in several ways under the California Penal Code. Based on the circumstances and the seriousness of the case, prosecution and potential penalties can vary greatly. However, the legal definition of theft generally involves unlawfully taking someone else’s property with the intention of permanently depriving them of it.

Some of the most common theft charges handled in Rancho Santa Margarita 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 law you’ve been charged under, we know how to address your case effectively. Below, we explain each of these offenses and how they are prosecuted in California courts.

Petty Theft

Under Penal Code section 484(a), petty theft refers to the unlawful taking of property valued at $950 or less. Most commonly, this type of offense includes acts such as shoplifting, picking pockets, or taking items without the owner’s consent. In Rancho Santa Margarita, petty theft is often treated as a misdemeanor, but the specific circumstances—such as the value of the items, who the victim is (business, senior, minor, or disabled person), and the use of any force—can impact the severity of charges and penalties.

Penalty for a Petty Theft

Generally, penalties for petty theft include:

• Up to 6 months in county jail
• Fines of up to $1,000
• Probation, community service, or a theft education course

The court may consider prior theft convictions, which could lead to a charge of “petty theft with a prior.” In some cases, this can be prosecuted as a felony, bringing even harsher penalties. That’s why it’s crucial to have an experienced theft defense attorney in Rancho Santa Margarita to protect your record and your future.

Shoplifting

Shoplifting, as defined under Penal Code 459.5(a), occurs when someone enters a commercial business during normal hours intending to steal merchandise worth $950 or less. This offense is distinct from burglary and is treated specifically under California law.

Penalties for Shoplifting

• Typically charged as a misdemeanor
• Up to 6 months in county jail
• Court fines and potential restitution
• If you have prior convictions for certain serious crimes, shoplifting may be charged as a felony

If it is your first shoplifting offense, you may be eligible for alternatives to jail time, such as diversion programs or community service. A knowledgeable Rancho Santa Margarita theft attorney can often negotiate for a reduced sentence, alternative penalties, or even get the charges dismissed in some situations.

Grand Theft

According to Penal Code 487(a), grand theft is defined as the unlawful taking of property with a value over $950. Grand theft also applies in cases involving stolen firearms, vehicles, or certain types of livestock, regardless of value. Unlike petty theft, grand theft is a more serious offense and may involve more complex legal challenges.

Penalties for Grand Theft

Grand theft is classified as a “wobbler” in California, which means it can be prosecuted as either a misdemeanor or a felony, depending on the situation and your criminal record:

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

A felony conviction for grand theft can have significant long-term consequences, including difficulty finding a job or a place to live, and even issues with immigration status. If you are facing grand theft charges, you need a Rancho Santa Margarita theft attorney who can build a strong defense to fight for the best possible outcome.

Burglary

Under Penal Code 459, burglary involves entering any structure (commercial or residential) with the intention of committing theft or any felony once inside. Burglary charges are separated into first-degree (residential) and second-degree (commercial) offenses. The intent to commit a crime at the time of entry is what distinguishes burglary from other theft crimes.

Penalties for Burglary

• First-degree burglary (residential): Always a felony
  • 2, 4, or 6 years in state prison
  • Counts as a strike under California’s Three Strikes Law
• Second-degree burglary (commercial): Wobbler offense
  • Misdemeanor: Up to 1 year in jail
  • Felony: Up to 3 years in prison

Because burglary requires proof of intent, a Rancho Santa Margarita criminal defense attorney can often challenge this element to reduce or dismiss charges. The right legal strategy can make a critical difference in your case.

Embezzlement

Embezzlement, under Penal Code 503, is the misappropriation of property by someone who was entrusted with it, such as an employee or a person managing finances. This crime frequently arises in business or workplace settings, and can even be the result of misunderstandings or bookkeeping errors.

Penalties for Embezzlement

• Based on the value of property misappropriated:
• Less than $950: Misdemeanor
• Over $950: Felony
• Additional penalties may include restitution, fines, jail or prison time, and professional consequences

Even without criminal intent, you could still be accused of embezzlement if there’s a dispute about the property. Retaining a Rancho Santa Margarita theft lawyer is vital to demonstrate your side of the story, clarify any honest mistakes, and protect your reputation and career.

Proposition 47

Proposition 47, passed by California voters in 2014, reclassified several non-violent offenses—such as petty theft, shoplifting, and receiving stolen property worth $950 or less—from felonies to misdemeanors. This means that many defendants now qualify for reduced sentences, and in some cases, resentencing if they were previously convicted under harsher statutes.

If you’re facing felony theft charges in Rancho Santa Margarita, My Rights Law can review your case to determine if you are eligible for relief under Prop 47. Our legal team is experienced in seeking resentencing and advocating for misdemeanor treatment, giving you a second chance to move forward with your life.

Defending Strategy Against Theft Charges

Each theft case is different, but My Rights Law uses proven strategies while customizing our approach for your specific situation. The main defense tactics we consider include:

Lack of Intent

Proving malicious intent is essential in theft cases. If we demonstrate the incident was an accident or a misunderstanding, it can lead to reduced or dismissed charges.

Mistaken Identity

Theft allegations often depend on unclear surveillance or unreliable witnesses. If your identification isn’t solid, we will challenge the prosecution’s evidence at every step.

Illegal Search and Seizure

If police violated your constitutional rights during a search, stop, or arrest, we fight to suppress that evidence, which can significantly weaken the case against you.

Consent or Ownership Dispute

If the property in question was loaned, given, or rightfully yours, we raise this as a defense to show there was no illegal taking involved.

Diversion and Probation Options

For first-time offenders, we may be able to secure:

• Pretrial diversion programs
• Probation in place of jail time
• Theft awareness or education courses

These options can help you avoid a conviction and protect your record. Our priority is to defend your freedom, reputation, and future.

Protect Your Future – Contact a Rancho Santa Margarita Theft Crime Attorney

Facing theft charges in California is daunting, but it’s not the end. With a skilled Rancho Santa Margarita theft attorney, you can fight for the best possible outcome. Don’t let the prosecution overwhelm you—get experienced legal help as soon as possible.

At My Rights Law, our Rancho Santa Margarita theft crime lawyers have a track record of reducing charges, achieving favorable deals, and keeping clients out of jail. We are relentless and strategic about safeguarding your rights.

Don’t go through this alone. Trust the theft crime attorneys Rancho Santa Margarita residents rely on for serious cases.

Call us now at (949) 942-8580 or contact us online for a free consultation. One call can be the difference between jail and freedom.

Ready to speak with a Rancho Santa Margarita theft crime attorney? Contact us now at (949) 942-8580 or contact us online.