Theft

Theft Crimes and Defenses in California

Theft crimes under California law include petty theft, grand theft, burglary, robbery, and identity theft, each defined and penalized differently. This article provides a comprehensive overview of these offenses and the potential defenses available to those accused.

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Types of Theft Crimes in California

Petty Theft and Grand Theft

California law classifies theft crimes based on the value of the stolen property. Petty theft, defined under Penal Code § 484, involves the theft of property valued at $950 or less. This offense is generally considered a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

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In contrast, grand theft as defined in Penal Code § 487 is charged in incidents involving property valued at over $950. It can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history. Some forms of grand theft include theft of personal property, real estate, or livestock.

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Another theft crime that may be amended this election in November is the petty theft with a prior conviction.  This offense is likely to become a felony with mandatory jail time.  The law currently states that a person may be charged with a felony if the person has been convicted of three prior theft related crimes and served jail time for it.  It appears that the law may change to allow a felony charge if the person has two prior theft offense convictions.

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Burglary and Robbery

Burglary, defined in Penal Code § 459, involves entering a building or structure with the intent to commit theft or another felony inside. Burglary can be classified as first-degree, typically involving residential properties and considered a felony, or second-degree, involving commercial properties and usually classified as a misdemeanor.

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Robbery, on the other hand, involves taking property from another person through force or fear, as outlined in Penal Code § 211. Unlike theft, robbery requires the use of intimidation or physical force and is always considered a felony, punishable by significant prison time. Robbery charges are generally considered a strike for purposes of sentencing and pryorability.

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Identity Theft

California Penal Code § 530.5 addresses identity theft, where an individual unlawfully uses another person’s identifying information for fraudulent purposes. Identity theft can be charged as a misdemeanor or felony, depending on the amount of loss and other factors such as prior criminal history. A misdemeanor carries up to a year in jail, substantial court fines and victim restitution, while a felony carries up to three years in prison.

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Factors Influencing Charge Severity

Several factors can influence the severity of theft charges in California. These include the value of the stolen property, the defendant’s criminal history, and whether the crime involved violence or coercion, or the vulnerable nature of the victim. For instance, theft involving high-value property or additional criminal elements may result in more severe charges and penalties.

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Common Defenses Against Theft Charges

Theft charges can be defeated by showing there was no intent to take property from the true owner, for example the accused person believed they were the owner of the property, or the true owner gave permission. There also could be evidence that the property was taken by mistake or without the intent to permanently deprive the person of their property.  Evidence collected through an unlawful search and seizure by police can be excluded, which could lead to dismissal of charges.

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The Role of a Defense Attorney

An arrest for a theft charge does not necessarily mean a conviction. Having a skilled criminal defense attorney on your side can help you minimize or avoid jail time by identifying problems in the prosecution’s case or negotiating alternative sentencing.