San Clemente Theft Attorney

Theft Attorney in San Clemente – Free Strategy Session

Facing a theft crime charge in San Clemente puts your reputation, freedom, and future at serious risk—and every moment counts. Theft cases, whether they involve shoplifting, burglary, grand theft, or embezzlement, can have life-changing consequences, including possible jail or prison time, significant fines, and lengthy probation. In many cases, you may also be facing felony charges that can remain on your criminal record for the rest of your life, impacting employment and other opportunities.

If you or a loved one is accused of a theft offense, do not delay. Reach out to an experienced California theft crimes attorney at (949) 942-8580 as soon as possible. The sooner you get legal representation, the more effectively we can start building a strong defense tailored to your specific situation. Protecting your rights and fighting to minimize the consequences is our top priority at My Rights Law.

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

Common San Clemente Theft Crimes

Theft crimes in California take many forms, each with its own legal nuances and penalties. The way these offenses are prosecuted depends on factors like the value of the property, the circumstances of the alleged crime, and your criminal history. However, all theft crimes share the common element of unlawfully taking someone else’s property with the intent to permanently deprive them of it.

Here are some of the most frequent theft-related charges handled in San Clemente:

• 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 are facing, My Rights Law has the expertise to navigate your case. Below, we’ll explain what each of these crimes means and the potential legal strategies we can employ to protect you.

Petty Theft

Under California Penal Code section 484(a), petty theft involves unlawfully taking property valued at $950 or less. This charge often arises from minor incidents, such as shoplifting, small-scale thefts, or picking up lost property with the intent to keep it. While petty theft may sound minor, the consequences can be serious, especially if there are aggravating factors or past theft convictions.

Penalty for a Petty Theft

Petty theft is generally classified as a misdemeanor, with potential penalties including:

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

The outcome can be influenced by the specific details of the case, such as the victim involved, whether force was used, and your criminal history. Multiple prior offenses can escalate petty theft to a felony charge known as “petty theft with a prior,” resulting in much harsher penalties. If you’re facing a petty theft charge in San Clemente, having a knowledgeable theft attorney on your side can make a significant difference in your case outcome.

Shoplifting

According to Penal Code 459.5(a), shoplifting is entering a commercial establishment during regular business hours with the intent to steal merchandise worth $950 or less. Shoplifting differs from burglary because it specifically refers to theft committed during business hours in a retail setting.

Penalties for Shoplifting

• Usually prosecuted as a misdemeanor
• Up to 6 months in county jail
• Court fines and possible restitution to the victim
• If you have prior convictions for certain serious crimes, shoplifting may be filed as a felony

First-time shoplifting offenders often have opportunities for alternative sentencing, such as diversion programs or community service. An experienced San Clemente theft attorney can advocate for reduced charges or even dismissal, especially if there are mitigating circumstances or a clean prior record.

Grand Theft

Grand theft is outlined in Penal Code 487(a), which classifies a theft as “grand theft” when the property taken exceeds $950 in value. Grand theft can also apply to certain types of property, including firearms, vehicles, and certain animals, regardless of their value. The nature of the stolen property and the manner of the alleged theft can influence how the charge is filed.

Penalties for Grand Theft

Grand theft is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case and your criminal background:

• Misdemeanor: Up to 1 year in county jail
• Felony: 16 months, 2 years, or 3 years in state prison
• Restitution and probation

Having a felony conviction for grand theft can create major obstacles, from finding a job or a place to live to possible immigration consequences. With so much at stake, it’s crucial to work with a San Clemente theft lawyer who understands how to challenge grand theft charges, negotiate with prosecutors, and protect your record.

Burglary

Penal Code 459 defines burglary as entering a building, structure, or locked vehicle with the intent to commit theft or any felony inside. There are two degrees of burglary: first-degree (residential) and second-degree (commercial). The distinction is important because first-degree burglary carries stiffer penalties and is considered a strike under California’s Three Strikes Law.

Penalties for Burglary

• First-degree burglary (residential): Felony charge
• 2, 4, or 6 years in state prison
• Counts as a strike offense
• Second-degree burglary (commercial): Wobbler
• Misdemeanor: Up to 1 year in county jail
• Felony: Up to 3 years in prison

Burglary is punished more severely because it involves premeditated intent. However, it is possible to challenge the prosecution’s case on the basis of intent. An experienced San Clemente theft defense attorney can often raise strong defenses to reduce the charge or achieve a dismissal.

Embezzlement

Embezzlement, under Penal Code 503, is the misappropriation of property by someone who was entrusted with it, such as an employee or agent. This crime often arises in workplaces or when individuals are responsible for managing another’s assets or money. Even honest misunderstandings or clerical errors can be misconstrued as embezzlement, which is why having knowledgeable legal representation is vital.

Penalties for Embezzlement

• Less than $950: Usually charged as a misdemeanor
• More than $950: May be charged as a felony
• Potential restitution, fines, jail or prison time, and professional or reputational consequences

Allegations of embezzlement can threaten your career, reputation, and financial security. An experienced theft attorney in San Clemente can help prove there was no criminal intent, negotiate for lesser charges, or even seek a dismissal if the facts support it.

Proposition 47

California voters passed Proposition 47 in 2014, reducing many non-violent property crimes—such as petty theft, shoplifting, and receiving stolen property valued at $950 or less—from felonies to misdemeanors. This change allows many individuals facing theft charges to benefit from lesser penalties or even have previous convictions reduced.

If you are charged with a theft crime in San Clemente, or if you have a past conviction, our law firm can evaluate your eligibility for Proposition 47 relief. We can work to reduce your felony to a misdemeanor and help you take the next step toward clearing your record. Let our skilled attorneys review your case and fight for the best possible outcome under the law.

Defending Strategy Against Theft Charges

Each theft case is unique, but My Rights Law applies proven strategies while customizing them to your situation. The main defense tactics we consider include:

Lack of Intent

A key aspect of theft charges is intent. If we demonstrate there was no intent to steal—such as confusion or mistake—we work to get charges reduced or dismissed.

Mistaken Identity

Theft allegations often depend on unclear video footage or unreliable witnesses. If you weren’t properly identified, we can challenge the prosecutor’s entire case.

Illegal Search and Seizure

If police violated your constitutional rights during any stop, search, or arrest, we’ll fight to suppress that evidence and significantly weaken the prosecution’s position.

Consent or Ownership Dispute

If property was borrowed, gifted, or actually belonged to you, we use this defense to show there was no unlawful taking or theft involved.

Diversion and Probation Options

For many first-time offenders, we can seek:

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

These alternatives can help avoid a conviction and keep your record clean. Our focus is protecting your freedom, reputation, and future above all else.

Protect Your Future – Contact With San Clemente Theft Crime Attorney

Being charged with a theft crime in California is serious, but it is not the end. The right San Clemente theft crime attorney can help you limit the consequences. Don’t let prosecutors overwhelm you—get strong defense early.
At My Rights Law, our San Clemente theft lawyer team has a proven track record of dismissing charges, negotiating favorable results, and keeping clients out of jail. We are relentless, strategic, and always committed to your defense.

Don’t face this alone. Choose the defense lawyer for theft crimes that San Clemente residents trust with their most critical cases.

Call us now at (949) 942-8580 or contact us online to schedule your free consultation. One call could mean the difference between jail and freedom.

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