San Bernardino Theft Defense Lawyers
The criminal defense attorneys at this law firm defend clients from theft charges across Southern California, including Rancho Cucamonga, Pasadena, Torrance, Los Angeles and San Bernardino.
California law defines theft as the nonconsensual taking of another person's property with the intent not to give it back. Basic petty theft (Penal Code 484) is when the value of the property is less than $400.00. Petty theft is a misdemeanor with a penalty of up to six months county jail.
If the person has a prior theft conviction, he can be charged with "petty theft with a prior" under California Penal Code Section 666. This offense can be filed as a misdemeanor or a felony. A misdemeanor "petty theft with a prior" in California carries a penalty of up to one year county jail; a felony up to three years state prison.
If the value of the property taken is more than $400.00, the prosecutor can charge grand theft under California Penal Code Section 487. This too carries a punishment of up to one year as a misdemeanor and up to three years as a felony.
Someone charged with a theft offense in Southern California should speak to a California criminal defense lawyer quickly. There may be factual offense available. And there may be diversion available or other resolution of the charges that will avoid the charge going on the defendant's permanent criminal record.
California Theft Law
Below is a modified version of the California Judicial Council's jury instruction describing what the prosecution would have to prove in order to convict someone of theft:
To prove that the defendant is guilty of theft, the People must prove that:
1. The defendant took possession of property owned by someone else;
2. The defendant did this without the owner's consent;
3. When the defendant took the property he intended to deprive the owner of it permanently to remove it from the owner's possession for so long a period of time that the owner would lose a major portion of the value or enjoyment of it;
AND
4. The defendant moved the property, even a small distance, and kept it for any period of time, however brief.
Internet Resources on Theft
Theft Counseling
Counseling resources for shoplifters and other theft offenders.
Identity Theft
United States Department of Justice Resources on the crime of identity theft.
