Theft Crimes
Los Angeles theft crimes are criminal acts of taking another person's property or money without the other person's permission. In California, these Southern California theft crimes can be either a misdemeanor or a felony. California penal code sections 484 and 487 define theft as the unlawful taking of someone else's property with the intent of keeping it permanently. This can be accomplished though:
- fraudulent means when the property was taken when it was entrusted to you;
- by defrauding someone using false representations or pretense;
- by taking property by false premises;
- larceny;
- embezzlement; and
- larceny by trick and device.
Property can include credit or services as well as physical objects. Identity theft; failing to return something you've rented or leased; taking money to do a job and then not doing it; or finding something and not returning it when the owner can be identified are all considered forms of theft.
Felony Grand Theft v. Misdemeanor Petty Theft
California law divides theft crimes into two categories, felony grand theft (Penal Code § 487) and misdemeanor petty theft (Penal Code § 488). In most cases, prosecutors must show that the value of the things stolen is $400 or greater in order to file felony grand theft charges. Important exceptions are the theft of a firearm and theft of something that was carried on the person of another, both of which qualify as felony grand theft regardless of the value of the things taken.
Grand theft is punishable by up to one year in jail or a state prison sentence of 16 months, 2 years or three years in prison. Grand theft of amounts over $50,000 carries an additional punishment of one to two additional years in prison.
Almost all other thefts are petty thefts, a misdemeanor charge carrying up to six months in jail, a fine of up to $1,000, or both. If the monetary value of the stolen amount is less than $50.00 prosecutors may choose to charge you with an infraction, a lesser charge that carries only a fine of up to $250.
However, if you have a prior conviction for theft and are charged with petty theft again, prosecutors can -- and often do -- choose to charge you with a felony that is referred to as "petty with a prior" a violation of Penal Code section 666. If you're convicted of a felony petty theft charge, you face the felony punishment – a year in jail or up to three years in prison.
Common Types of Theft Crimes
Los Angeles theft crimes and their legal penalties will depend on the items stolen, the value of the property, and the criminal history of the person charged. If the person is a repeat offender, the court may give the person a prison sentence of several years. Common Los Angeles theft crimes include the following:
- Shoplifting or petty theft – Penal Code section 484
- Petty Theft with a Prior -- Penal Code section 666
- Carjacking – Penal Code section 215
- Burglary – Penal Code section 459
- Robbery – Penal Code section 211
- Armed Robbery – Penal Code section 211 with a weapon pursuant to Penal Code section 12022
- Vehicular Theft – Vehicle Code section 10851
- Embezzlement -- Penal Code section 503
- Larceny
- Money Laundering
- Credit Card Fraud -- Penal Code section 484(e)
- Identity Theft
Because of the significant consequences to a person charged with a theft crime, it is important to immediately hire a Los Angeles theft crimes attorney as soon as you are either investigated or charged with an offense. Hiring a qualified attorney who now practices theft crimes defense can make the difference between having a conviction for a theft offense and having the case either dismissed or reduced. A conviction for a theft offense is considered a crime of "moral turpitude" and can have adverse consequences if you are not a citizen of the United States or if you attempt to become a citizen. It also can interfere with your ability to obtain employment.
Los Angeles Theft Crimes Defense Attorneys
If the amount of the theft was small, we may be able to work out a civil compromise in which the client compensates the victim fully for the theft in exchange for dropped charges. If charges have already been filed, it's possible to ask the victim to appear in court and ask that they be dropped, because restitution has been made. In many petty theft cases we have been able to have the charges reduced to simple trespassing charges, which carry no jail time.
In many types of theft cases, the attorneys at The Chahine Law Firm have often been able to win alternatives to jail or prison time for our clients. These alternatives include work release programs, community service, house arrest/electronic monitoring, Caltrans work programs and private counseling services that offer specialized therapy for those accused of theft. Staying out of jail or prison helps you protect your freedom, your job, your family's financial security and your future employment prospects. If you've been accused of a theft crime, call the Los Angeles Theft Crimes defense lawyers at The Chahine Law Firm as soon as possible to discuss how one of our Los Angeles theft crimes defense lawyers can help.
Los Angeles Criminal Lawyer Blog - Theft crimes
- Long Beach Residents Arrested In Connection With UCLA And UC Irvine Burglaries According to KTLA, two Long Beach residents have been arrested on a suspicion of committing burglaries on the campuses of UCLA, UC Irvine and several ....
- Los Angeles Violent Crime Decreasing The Contra Costa Times reports that overall Los Angeles crime is on the decline. In fact, due to a drop in both violent crime and property crimes the ....
- People v. Skiles Holds That Faxed Copy Of Prior Out-of-State Felony Conviction Qualifies As Evidence Of A Serious Or Violent Felony Under California's Three Strikes Law A recent California Supreme Court case - People v. Skiles - evaluated whether faxed evidence of a prior out-of-state conviction could be used to show ....
