Tustin Theft Attorney
Theft Attorney in Tustin – Free Strategy Session
Facing theft charges in Tustin puts your freedom and your future at risk, and it’s important to act quickly. There are many different theft offenses—such as shoplifting, grand theft, burglary, embezzlement, and others—each with their own penalties and legal implications. Any theft conviction can result in jail time, costly fines, probation, and in some cases, even a felony record that can affect you for life.
When you’re accused of a theft crime, do not wait. Contact a knowledgeable California theft attorney at (714) 881-2207 right away. The sooner you begin your defense strategy, the better your chances of reducing or avoiding severe consequences.
Ready to speak with a Tustin theft crime attorney? Contact us now at (714) 881-2207 or contact us online.
Common Tustin Theft Crimes
Theft crimes in California are divided into multiple categories under the Penal Code, and how each crime is prosecuted depends on the details and severity of the case. However, the general definition remains the same—taking someone else’s property unlawfully and with the intent to deprive them of it. Every type of theft case is unique and requires a tailored defense.
- 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 are accused of violating, our team at My Rights Law has the experience to defend your rights. Below, we explain what each charge means and how they are typically prosecuted in Tustin.
Petty Theft
Under Penal Code section 484(a), petty theft refers to the unlawful taking of property valued at $950 or less. This often involves offenses such as minor shoplifting, stealing unattended items, or other low-value thefts. Petty theft is one of the most common theft crimes charged in Tustin and can have serious implications if not handled properly.
Penalty for a Petty Theft
Generally, petty theft is prosecuted as a misdemeanor and may result in the following penalties:
- Up to 6 months in county jail
- A fine of up to $1,000
- Probation, community service, or completion of a theft education course
The outcome of your case depends on factors such as the value of the stolen property, prior criminal history, and specific details about the victim (such as age or vulnerability). Prior convictions may trigger an enhanced charge of “petty theft with a prior,” which, in certain cases, could even be charged as a felony, carrying much harsher consequences. That’s why consulting an experienced Tustin theft lawyer is crucial to minimizing the impact of a petty theft accusation.
Shoplifting
According to Penal Code 459.5(a), shoplifting is defined as entering an open business during regular hours intending to steal merchandise worth $950 or less. This is a distinct offense from burglary and is commonly charged for first-time offenders caught attempting to steal from stores in Tustin.
Penalties for Shoplifting
- Usually charged as a misdemeanor
- Up to six months in jail
- Court fines and possible restitution to the store
- If you have certain serious prior convictions, shoplifting can be elevated to a felony
If this is your first shoplifting charge, there may be opportunities for leniency. A skilled Tustin theft crime attorney can often negotiate for alternative sentencing, reduced penalties, or even a dismissal, helping you avoid a criminal record whenever possible.
Grand Theft
Under Penal Code 487(a), grand theft occurs when property worth more than $950 is taken unlawfully. Grand theft charges may also apply to theft involving firearms, vehicles, or specific types of livestock, regardless of value. Grand theft is considered a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or felony, based on the facts of the case and your criminal background.
Penalties for Grand Theft
The punishment for grand theft varies depending on how the offense is charged:
- Misdemeanor: Up to 1 year in county jail
- Felony: Up to 3 years in state prison
- Restitution to the victim and possible probation
Felony convictions carry life-changing consequences, including difficulties finding employment or housing, and possible immigration issues. For these reasons, it is essential to have an experienced Tustin theft attorney on your side, someone who can challenge the prosecution’s case, negotiate lesser charges, or even seek dismissal where possible.
Burglary
Penal Code 459 defines burglary as entering a building (either residential or commercial) with the intent to commit theft or any felony. There are two main types: first-degree burglary, which involves residences, and second-degree burglary, which involves other structures like businesses or stores in Tustin.
Penalties for Burglary
- First-degree (residential) burglary is always a felony:
- 2, 4, or 6 years in state prison
- Classified as a strike offense under California’s Three Strikes Law
- Second-degree (commercial) burglary is a wobbler:
- Misdemeanor: Up to 1 year in county jail
- Felony: Up to 3 years in state prison
Burglary is prosecuted more aggressively than most theft crimes because intent is established before entry. However, a knowledgeable Tustin defense attorney may be able to dispute the intent element and seek charge reductions or case dismissal.
Embezzlement
Embezzlement, governed by Penal Code 503, is the fraudulent taking or misappropriation of property that has been entrusted to you—most commonly in workplace or financial account situations. Even a misunderstanding or an honest mistake can result in embezzlement charges, making this crime uniquely complicated.
Penalties for Embezzlement
- Penalties depend on the value taken:
- Less than $950: Usually a misdemeanor
- More than $950: Can be charged as a felony
- Potential penalties include restitution, fines, jail or prison time, and impacts on professional licensing or employment
It is important to know that intent is a key factor in embezzlement cases. A Tustin theft lawyer can help demonstrate that any alleged misappropriation was not intentional, reducing the risk of conviction or securing a favorable outcome for your case.
Proposition 47
Proposition 47, enacted in 2014, reduced many non-violent property and drug offenses—including petty theft, shoplifting, and receiving stolen property under $950—from felonies to misdemeanors in California.
This law gives many individuals the opportunity for reduced charges, lighter sentencing, or even resentencing if previously convicted under harsher statutes.
If you or a loved one faces felony theft charges in Tustin, My Rights Law can evaluate your eligibility for Proposition 47 relief, working to secure misdemeanor treatment and a better future.
Defending Strategy Against Theft Charges
Every theft case is unique, but at My Rights Law we rely on proven strategies tailored to your specific facts. The core defenses we use include:
Lack of Intent
Intent is a crucial element of any theft offense. If we can show your actions were accidental or misunderstood, it’s possible to reduce or dismiss the charges against you.
Mistaken Identity
Theft allegations often hinge on unclear surveillance or unreliable eyewitnesses. If you aren’t positively identified, we’ll challenge the accuracy of the evidence against you.
Illegal Search and Seizure
If police violated your rights during a stop, search, or arrest, we can move to exclude evidence, often resulting in a much weaker prosecution case.
Consent or Ownership Dispute
If you had permission, or the item in question was actually yours, we’ll raise this defense to show there was no unlawful taking involved.
Diversion and Probation Options
For eligible first-time offenders, we may pursue:
- Pretrial diversion
- Probation in place of jail
- Theft prevention classes
These options can help avoid a conviction and protect your record. Our top priority is safeguarding your freedom, reputation, and future.
Protect Your Future – Contact With Tustin Theft Crime Attorney
Facing a theft crime in California can feel overwhelming, but it’s not the end. The right Tustin theft lawyer can help you fight the charges and protect your future. Don’t let prosecutors overwhelm you—get a legal team on your side as soon as possible.
My Rights Law has a strong record of reducing charges, securing dismissals, and keeping clients out of jail. We are aggressive, strategic, and committed to your rights.
Don’t navigate this alone. Get help from the Tustin theft attorney clients trust most. Call us now at (714) 881-2207 or contact us online for a free consultation. That one call could mean the difference between freedom and jail.
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Ready to speak with a Tustin theft crime attorney? Contact us now at (714) 881-2207 or contact us online.