Being accused of theft can be a life-changing event. Whether you're facing charges for grand theft, shoplifting, or embezzlement, it's crucial to have a strong defense. My Rights Law Group is here to help you. We understand how serious theft crimes can be, and our criminal defense lawyers are committed to providing you with the best legal representation possible.
If you are in San Bernardino County or facing charges in the Victorville courthouse, our experienced team of criminal defense attorneys will guide you through the legal process. We know the criminal justice system, and our goal is to work with you to build a solid defense strategy that can lead to a full dismissal or the best possible outcome.
My Rights Law Group is dedicated to protecting your future and ensuring you receive a fair trial.
There are several types of theft crimes under California law, and each comes with different penalties.
A few of the common theft charges we defend in Victorville include:
Petty theft involves stealing property or money worth $950 or less. This is usually charged as a misdemeanor, but it can still result in jail time, fines, and a criminal record. Our team of criminal defense attorneys will carefully examine the evidence and help you explore options to reduce or dismiss the charges.
Grand theft under Penal Code § 487 involves stealing property or money worth more than $950, and it can be charged as a felony. A conviction can lead to serious consequences, including state prison time. Our criminal defense lawyers have extensive experience defending clients against grand theft charges and can help you fight for the best possible outcome.
Shoplifting involves stealing items from a store, and it is typically charged as a misdemeanor under California Penal Code § 459.5. If you are caught shoplifting, it could result in fines, probation, or jail time. We can help build a defense strategy to challenge the charges and protect your rights.
Burglary under Penal Code § 459 involves entering a building or structure with the intent to commit theft or another crime. This can be a first-degree burglary (which is more serious) or second-degree burglary. A conviction can lead to significant prison time. Our criminal defense specialists are skilled at handling burglary cases and can guide you through the criminal proceedings to achieve the best result.
Robbery is the act of taking property from someone by force or fear. This is a felony under California Penal Code § 211 and can result in long prison sentences. We will work with you to build a defense strategy that challenges the evidence and seeks a not guilty verdict or a reduced sentence.
Under California Penal Code § 496, receiving stolen property is illegal, even if you didn’t steal the property yourself. Being charged with this crime can have severe consequences. Our criminal lawyers will investigate the circumstances surrounding the case and work to protect your rights.
Embezzlement under Penal Code § 503 is the theft of property or funds that have been entrusted to someone, such as an employee stealing money from their employer. This is a serious crime that can be charged as a felony. Our criminal defense lawyers have the expertise to handle embezzlement cases and will build a defense strategy tailored to your situation.
The penalties for theft crimes vary depending on the charge and whether it's classified as a misdemeanor or felony.
Here are some of the potential penalties for theft charges in California:
For petty theft and other misdemeanor theft charges, the penalties can include:
For grand theft or other felony theft charges, the penalties can include:
There are several legal strategies that can be used to defend against theft charges. Some of the common defenses we use are:
One of the primary elements in a theft crime is the intent to steal. If there was no intent to take someone else's property or money, then the charge of theft cannot be proven. For example, if you mistakenly took an item that you believed was yours or if you borrowed something without permission but had no criminal intent, we can argue that there was no criminal intent behind your actions.
Our team will examine all the evidence, including witness testimony and any communication that might show you had no intention of committing a theft crime. We use this defense to challenge the prosecution’s case and push for a full dismissal of the charges or a reduced sentence.
In some cases, people are falsely accused of committing theft crimes. This could be due to misunderstandings, personal conflicts, or mistaken beliefs. False accusations can happen, especially if someone has a motive to blame you for something they did or if they misinterpreted an event. When defending against false accusations, our team investigates all aspects of the case, including witness statements, physical evidence, and any potential motives behind the allegations.
By examining these factors, we can work to prove that the charges are based on incorrect or fabricated information, helping you avoid a criminal record and reduce the impact of the charges on your life.
Mistaken identity is another common defense used in theft crimes. In many cases, individuals are wrongfully accused of stealing simply because they were in the wrong place at the wrong time or because of a resemblance to the actual perpetrator. Witnesses can sometimes make mistakes in identifying suspects, especially in high-stress situations.
To defend against charges based on mistaken identity, we thoroughly investigate the circumstances of the case, review video footage, and gather statements from other people who may have seen what happened. By challenging the accuracy of the identification, we can help prove that you were not involved in the crime, potentially leading to a not guilty verdict or a reduction in charges.
Under California law, law enforcement must follow proper legal procedures when conducting searches or seizures. If the police conduct a search without a warrant or probable cause, any evidence gathered during that search may be deemed inadmissible in court. If your property was searched or evidence was seized illegally, we can challenge the legality of the search. Our team will examine whether the Miranda Rights were read, if the search was conducted with a valid warrant, or if the police had reasonable grounds to carry out the seizure.
If any part of the search or seizure violated your rights, we will fight to have that evidence excluded from the case, which can result in the dismissal of charges or reduced penalties.
A claim of right defense is used when a person takes property because they believe they have a legitimate right to it, even if the property actually belongs to someone else. This defense can be used in theft cases to argue that the accused did not have the intent to steal but instead took the property due to a misunderstanding about ownership or legal entitlement.
For example, if you took something because you believed it was rightfully yours, this could be an important defense to show that your actions were not criminal.
In these situations, our criminal defense lawyers will gather evidence to support the claim, such as communication or documentation that proves you believed you had a right to the property. If successful, this defense could lead to a reduction in charges or even a full dismissal of the case.
In some theft crime cases, individuals may qualify for diversion or alternative sentencing options instead of facing jail time or a permanent criminal record. These programs are designed to help first-time offenders or those with minor charges to avoid the harshest penalties by focusing on rehabilitation, restitution, and community service.
Here are some options that could be available depending on your situation:
Pretrial Diversion under California Penal Code § 1000 allows defendants charged with certain non-violent crimes, including theft, to participate in a rehabilitation program before their trial begins. If you successfully complete the program, the court may dismiss the charges. This option is often available for individuals who have no prior criminal record and who are willing to take responsibility for their actions through counseling, drug treatment, or other rehabilitative services.
Our criminal defense lawyers will evaluate your case and determine if you qualify for this diversion program, which can be a great way to avoid the long-term consequences of a conviction.
Deferred Entry of Judgment (DEJ) is another option available for certain offenders. Under this program, if you are facing theft charges, you may be able to avoid a guilty plea and the resulting criminal record by completing a program that includes counseling, restitution, and community service. If you meet all the program requirements, the charges may be dismissed at the end of the program.
DEJ can be an ideal option for those who wish to put the situation behind them and avoid the long-term consequences of a criminal conviction. We can help determine whether DEJ is a viable option for your case and guide you through the process.
As part of some alternative sentencing programs, you may be required to pay restitution to the victim and complete community service. Restitution ensures that the victim is compensated for any losses caused by the theft crime, while community service allows you to give back to the community as a form of rehabilitation. These options provide a way for defendants to demonstrate remorse and take responsibility for their actions without facing the harshest penalties.
Our team will work with you to develop a plan that meets the court’s requirements and helps you move forward with your life.
1. What should I do if I'm facing criminal charges for theft?
If you are facing criminal charges, it’s important to contact a skilled Victorville attorney as soon as possible. A criminal defense lawyer can help you understand the court system, explain your options, and provide you with the legal counsel you need to build a strong defense. They will also help you navigate through the criminal process and protect your rights.
2. Can a Victorville attorney help with domestic violence and theft charges at the same time?
Yes, a Victorville attorney experienced in both domestic violence and theft crimes can help. Whether you are facing domestic violence charges along with theft accusations, a criminal defense lawyer will develop a comprehensive defense strategy that addresses both sets of allegations. They will also deal with local law enforcement and the district attorney to negotiate the best possible outcome for you.
3. What happens if I'm convicted of theft in California?
A theft conviction can result in serious consequences, including fines, restitution, and possible jail or prison time. The penalties depend on whether the crime was a misdemeanor or felony. A criminal defense lawyer will work to reduce the charges or penalties, and in some cases, may help you qualify for alternative sentencing options like pretrial diversion or community service.
4. How can legal counsel help me during my theft case?
Legal counsel plays a critical role in helping you navigate the court system and protecting your rights throughout your case. A criminal defense attorney will explain the criminal process, gather evidence, challenge the prosecution's case, and represent you in court. They will work with you to develop a defense strategy and fight for the best possible outcome, whether it’s a plea deal or a not guilty verdict.
5. How long does it take to resolve a theft case in the court system?
The length of time it takes to resolve a theft case depends on several factors, including the complexity of the evidence, whether you accept a plea deal, or if the case goes to trial. On average, theft crimes can take several months to resolve, especially if negotiations are involved or if the district attorney has a strong case. Your Victorville attorney will keep you informed and guide you through the process.
If you are facing theft charges in Victorville or anywhere in Southern California, it’s crucial to get the right legal counsel. At My Rights Law Group, our experienced criminal defense lawyers are here to guide you through the legal system and help you understand your options. We offer a free consultation to review your case and discuss the best path forward, whether you’re dealing with theft, white-collar crimes, sex crimes, or even juvenile crime charges.
Our law office is dedicated to providing legal representation tailored to your specific needs. We will work tirelessly to protect your rights, challenge the criminal charges, and help you achieve the most favorable outcome possible.
Don't face these charges alone. Contact us today to schedule your free consultation and start building your defense with an experienced Victorville attorney who understands the complexities of the legal system.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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