San Diego Criminal Defense Lawyer
Theft
Taking something that doesn’t belong to you is against the law, but there are many distinctions among the various forms of theft under California law.
The one thing they have in common is that the punishment for a conviction is considerable. You face hefty fines, jail, or prison time, also other consequences. Regardless of whether the theft crime is a felony or misdemeanor, the conviction will remain part of your permanent criminal record.
California uses the term “larceny” to cover a wide range of theft offenses, which are outlined in the general, catch-all law on theft, as well as in separate statutes pertaining to specific crimes. The details will vary according to the type of theft offense, but most involve basic elements that a prosecutor must prove beyond a reasonable doubt. The requirements are:
- The unlawful taking of property or an item of value, without the consent of the lawful owner.
- The intent to permanently deprive the owner of the property or item.
Types of theft in California
Shoplifting
You could be charged with shoplifting if you enter a store, restaurant, or other commercial business during regular hours, and take merchandise without paying for it.
Robbery
This theft offense involves violence, force, or the threat of violence against someone to take property away from his or her immediate possession. Robbery may include stealing something from a victim’s hands, pockets, purse, backpack, or other items closely associated with personal space.
Receving Stolen Property
You could be charged with this theft offense even if you’re nowhere in the vicinity of the actual theft. If you know that an item is stolen and you accept possession and/or ownership, you may be arrested for receiving stolen property.
Mail and Package Theft
So-called “porch pirates” have made headlines with the increased popularity of free shipping offers through online marketplaces. Taking mail or a package from someone’s mailbox or entry is a theft crime when you know the item doesn’t belong to you.
Embezzelment
This theft crime is unique because it involves a person taking property that, at some point in time, was rightfully under his or her control. Embezzlement is often a crime that takes place in the context of employment or corporate settings. An employee or executive is entrusted with safekeeping of the item by its lawful owner. Later, that individual converts the property for personal use, effectively stealing it from the owner.
Bulgary Is Not A Theft Crime
To clear up confusion, it’s important to note that burglary is a separate offense from theft. Burglary is the equivalent of home invasion, where someone accesses a structure with the intent to commit a felony while inside. Theft may be the intended crime, but entering to commit assault, rape, or other offenses would also lead to burglary charges.
Defense Strategies for Theft Crimes
There are tactics for fighting theft offenses in California, and an attorney can explain in more detail. At the outset, the first strategy is exploiting the prosecuting attorney’s case-in-chief. The prosecution must prove each element of a theft crime, beyond a reasonable doubt, to secure a conviction. A defense lawyer can identify flaws in the state’s evidence, potentially obtaining a dismissal of the charges or a not guilty verdict.
In addition, there are certain defenses that may be available for your case, such as:
- A mistake regarding ownership.
- Lack of intent to permanently deprive the owner of the property;
- The value of the property, which could reduce the charges from grand to petty theft; or,
- A violation of your civil rights against unlawful search and seizure.
