Theft Crimes
California criminal defense attorney Thomas Wallin handles theft cases throughout Southern California. If you need a lawyer to represent you in your theft case, call 1-866-857-5900 today.
A person charged with the crime of theft is alleged to have unlawfully taken the property of another with the intent to deprive the owner of the property permanently. Theft includes the crimes of larceny, embezzlement, larceny by trick and device, and obtaining property by false pretenses.
California Penal Code Section 484 makes it unlawful for any person to feloniously steal, take, carry away, lead, or drive away the personal property of another. It is also illegal to fraudulently take property which has been entrusted to you. Theft also includes defrauding any person of money, labor, real property, personal property by any false or fraudulent representation or pretense. The charge of theft turns on many factual scenarios and circumstances.
Punishment for crimes of theft varies widely, so Mr. Wallin will help you review and understand the California Penal Codes.
- Penal Code Section 486 defines two types of theft; petty theft and grand theft. Grand theft is committed when money, labor, or real or personal property taken is valued at more than $400. (CA Penal Code §487). Anything less than $400 is considered petty theft. (CA Penal Code §488). Petty theft is a misdemeanor offense and is punishable by a fine up to $1,000 or by imprisonment in the county jail up to six months, or both. Grand theft, either as a felony or misdemeanor, is punishable by for up to one year in county jail or state prison. (CA Penal Code §489). In special cases involving grand theft of a firearm, theft is punishable with a minimum sentence of 16 months and a maximum sentence of 3 years in state prison.
- A second arrest for petty theft may be filed and punished as a felony under California Penal Code Section 666. A second conviction for petty theft carries a maximum of one year in either county jail or state prison. Petty theft can also be filed as grand theft when several petty thefts are committed against the same victim and the combined loss is over $400. Thus, multiple arrests and convictions for petty theft are making the punishment more severe.
- A single arrest for petty theft with no criminal history often leads to a better resolution of the case. Many petty theft cases involving minor losses to the victim are reduced to trespass violations with no jail time. In some cases, a civil compromise can be reached where no criminal action is taken against the offender when the person injured by the theft is compensated for their losses. (CA Penal Code §1377). In the event charges are filed, a judge has the power to dismiss the case if the person injured by the theft appears in court and acknowledges that satisfaction for the loss has been received including all costs. (CA Penal Code §1378).
- Grand theft cases filed as felonies can also be reduced to misdemeanors. Under California Penal Code section 1203, the court has the power to grant a person convicted of theft probation. Probation will suspend the imposition of harsher sentence so long as certain conditions of behavior are obeyed by the convicted person. If probation is completed successfully, California Penal Code section 17(b) allows a person to have a felony conviction for theft reduced to a misdemeanor upon proper motion to the court. However, in felony grand theft cases involving property loss over $100,000, probation is not allowed. (CA Penal Code §1203.045). Moreover, if the felony grand theft involves a loss of over $50,000, the court is required to impose an additional year of jail California Penal Code section 12022.6. If the felony grand theft involves a loss of over $150,000, the court will impose an additional two years of jail to the offender.
California criminal defense attorney Thomas Wallin has obtained alternative sentencing for his clients in theft cases, such as Work Release, Community Service, House Arrest, Electronic Monitoring and Work Release Programs. Call California criminal defense attorney Thomas Wallin at 1-866-857-5900 immediately if you or someone you care about has been accused of any theft offense.
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