Property Crimes

You can face criminal charges if you are guilty of committing a property offense in California. Usually, you will face felony or misdemeanor charges depending on the severity of your crime. If you commit an offense involving illegal obtainment of someone else’s property, the severity of the charges and penalties you will face will depend on the property’s value. The charges and penalties you will face will also depend on the technique you used to execute the crime. Your punishment will also depend on how badly the property was damaged and where the offense occurred.

A conviction for property offenses often attracts devastating repercussions. You should seek the help of a skilled criminal defense attorney if you have been accused of property crimes. If you or someone close to you faces criminal charges for committing a property crime, the attorneys at the CCLG: Los Angeles Criminal Attorney can help. Our attorneys can help you create a defense against criminal charges.

Types Of Property Crimes In California

The common property crimes in California include:

1. Robbery – Penal Code 211

It is a crime under PC 211 for you to use threats or force to take another person’s property against his/her will. You can face the charges under this law if you had decided to commit robbery before taking the property. If the prosecutor accuses you of violating PC 211, he/she must prove these elements:

• You took another person’s property
• The property was in another person’s possession
• You took the property from that person’s immediate presence
• You took the property against the victim’s will
• You used fear or force to take the property or prevent resistance
• You intended to deny the owner the use or enjoyment of the property permanently

Robbery is often categorized as first-degree or second-degree.

Penalties For Violating Penal Code 211

Robbery is often considered a felony under California law. First-degree robbery can attract the following penalties:

• A jail term not exceeding nine years in a state prison
• A fine not exceeding $10,000
• Both imprisonment and a fine

A second-degree robbery can attract the following penalties:

• A jail term not exceeding five years in a state prison
• A fine not exceeding $10,000
• Both a jail term and a fine

You can face enhanced sentences if aggravated factors exist. The sentence enhancement will be as follows:

• An additional jail term of up to six years in a state prison if you cause great bodily harm to another person during robbery
• Life imprisonment if you willfully use and fire a gun in the commission of robbery, and it causes great bodily injury

Robbery is also covered under the ‘’Three Strikes’’ law. In this case, you can face a jail term of up to 25 years in a state prison if you were convicted of two serious or deadly felonies in the past and you commit a robbery.

The defenses you can use to fight robbery charges include:

• You are a victim of false accusation
• You did not use fear or force
• You are the victim of mistaken identity
• You thought you had the right to use the property

2. Carjacking – Penal Code 215

You can face carjacking charges under PC 215 if you take a car from another person using fear or force. Using fear or force means applying physical force or making threats of causing harm to another person. You can face charges under this statute if the victim is the passenger or driver in the vehicle you took. The victim does not have to be the real owner of the car. If the prosecutor accuses you of carjacking, he/she must prove these elements:

• You took a car
• You took the car from the immediate presence of the passenger or a person possessing it
• You took the car against the victim’s will
• You used fear or force to take the car or prevent resistance
• When using fear or force, you intended to deprive the victim of the car
• You formed the intent before or during the use of fear or force to take the car

Carjacking is often charged as a felony in California. Felony charges often attract the following penalties:

• A jail term of three years, five years, or nine years in a state prison
• A fine not exceeding $1000
• Felony probation and a jail term not exceeding one year in a county jail

Some of the defenses you can use to fight carjacking charges include:

• You did not use fear or force to take the car
• You had no intent to deprive the owner of the car permanently
• You are a victim of mistaken identity
• You are a victim of false accusation

3. Arson – Penal Code 451

It is an offense under Penal Code 451 to burn property deliberately and maliciously or to aid another person in burning property. You can face the charges under this law even for the slightest burning. However, you cannot face arson charges for burning your property or hiring another person to burn your property. In this situation, you can only face arson charges if you intend to defraud another person, or another person gets hurt, or you destroy another person’s property.

If the prosecutor accuses you of violating Penal Code 451, he/she must prove these elements:

• You burned property, forest land, or structure
• You procured, counseled, or aided another person to burn property, forest land, or a structure
• You acted intentionally
• You acted maliciously

Penalties For Violating Penal Code 451

You can face arson charges if you intentionally and maliciously set fire to or burn, or aid in burning, any property, forest land, or structure. Property includes all real and personal property. Forest land does not have to be a traditional forest. It can be any bush-covered or cut-over land. On the other hand, structures can be any building, public or commercial tent, power plant, tunnel, or bridge. Burning of property is often considered a felony offense. This crime can attract a jail term not exceeding three years in a state prison. Burning of a structure or forest land is also a felony that can attract a jail term not exceeding six years in a state prison.

Burning an inhabited property or structure is a felony that can attract a jail term of up to eight years in a state prison. Arson that results in great bodily injury can attract a jail term of up to nine years in a state prison.

You can face a three-to-five-year sentence enhancement under PC 451 if:

• You have a prior arson conviction
• You used a device meant to accelerate the fire or delay ignition
• You caused several structures to burn
• You caused great bodily injury to more than one victim
• A firefighter or other emergency personnel sustained significant bodily injury as a result of the fire

The following are some of the defenses you can use to contest PC 451 charges:

• You are a victim of mistaken identity
• It was an entrapment by the police
• You did not act willfully
• No sufficient evidence
• You did not produce the fire

4. Possession Of Burglary Tools – Penal Code 466

It is an offense under PC 466 to possess burglary tools to break into a structure, car, or dwelling. Some tools include a slide hammer, picklock, crowbar, and screwdriver. You can also face charges under this law if you carry tools that can be used for burglary, and it is proven that you intended to use them for that purpose. If the prosecutor accuses you of possessing burglary tools, he/she must prove these elements:

• You possessed burglary tools.
• You possessed the tools intending to commit burglary

Penalties For Possessing Burglary Tools Charges

You can face misdemeanor charges if you are guilty of possessing burglary tools. Misdemeanor charges often attract these penalties:

• A jail term not exceeding six months in a county jail
• A fine not exceeding $1000
• Misdemeanor probation

If the judge grants you probation, he/she can impose the following conditions:

• Enrollment for counseling
• Restitution for any property damaged
• Community service

A conviction under PC 466 will also go on your criminal record and be visible to future landlords, employers, or anyone carrying out a criminal background check.

You can, however, use the following defenses to contest your PC 466 charges:

• You are a victim of illegal search and seizure
• You are a victim of mistaken identity
• You were falsely accused
• You had no intent to commit a crime

5. Petty Theft – Penal Code 484

It is an offense under Penal Code 484 to take property owned by another person without their permission. You can only face charges under this law if the prosecutor proves the following elements:

• You used fraud or theft to take another person’s property
• You took property whose value exceeds $950
• You took the property against the owner’s will
• You intended to deprive the owner of his/her property permanently
• You held on to the property for a long period, depriving the owner of a major section of its value or the enjoyment of the property
• You moved the property for a substantial distance
• You kept the property for a significant time

Petty theft exists in the following forms:

• Theft by trick
• Embezzlement
• Theft by false pretense or fraud

Petty Theft Penalties

Petty theft is often charged as a misdemeanor. Misdemeanor charges often attract these penalties:

• A jail term not exceeding six months in a county jail, or
• A fine not exceeding $1000, or
• Both a jail term and a fine

However, you can mount the following defenses against your petty theft charges:

• You had no intent to commit petty theft
• The owner permitted you
• You had a rightful claim to the property or service
• You are a victim of false accusation
• You are a victim of illegal search and seizure
• You are a victim of mistaken identity

6. Grand Theft – Penal Code 487(a)-(d)

You can face grand theft charges under PC 487(a)-(d) if you steal property or services that exceed $950. The judge can also convict you under this law if you steal a car, a gun, or fish from a commercial fishery or a research operation. If the prosecutor accuses you of grand theft, he/she must prove these elements:

• You intended to permanently deny the owner possession of property or deprive the owner of a service.
• You stole property or services exceeding $950
• You stole a gun
• You stole a car
• You stole fish exceeding $950 from a commercial fishery or a research operation.

Penalties For Violating Penal Code 487(a)-(d)

Grand theft is charged as a wobbler. In this case, you can face misdemeanor/felony charges based on the unique circumstances of your case. Misdemeanor charges often attract a jail term not exceeding one year in a county jail. Felony charges often attract a jail term not exceeding three years in a state prison if you are a first-time offender. You can face a fine not exceeding $5000 for both misdemeanor and felony charges.

Stealing a gun is also charged as a felony, and it falls under grand theft. This offense is covered under the ‘’Three Strikes’’ law. You can face a jail term not exceeding 25 years in a state prison if you accrue three ‘’strikes’’ on your record.

You can mount the following defenses against your grand theft charges:

• You had no intent to commit grand theft
• You are a victim of false accusation
• You were permitted to take the property or service
• You had the rightful claim to the property or service
• You are a victim of mistaken identity

7. Receiving Stolen Property – Penal Code 496

It is a crime under Penal Code 496 to receive or buy property if you know it has been stolen. Receiving stolen property means possessing and having control of it. You will be considered to be in possession of the property even if you do not hold or touch it. If the prosecutor accuses you of violating PC 496, he/she must prove these elements:

• You received or bought property that had been secured through theft or extortion, or you tried to do so
• You were aware that the property had been stolen

Penalties For Violating Penal Code 496

You can face misdemeanor charges if you are guilty of receiving stolen property worth $950 or less. This offense often attracts a jail term not exceeding one year in a county jail. However, receiving stolen property will amount to a wobbler offense if:

• The value of stolen property exceeds $950
• You are required to register as a California sex offender
• You have a prior conviction for a violent or serious felony

A wobbler offense will attract misdemeanor or felony charges. You can face a jail term of up to one year in a county jail if the judge convicts you of a misdemeanor. On the other hand, felony charges often attract a jail term of two years or three years in a state prison.

Fortunately, you cannot face both receiving and stealing charges for the same property. You will either face charges of receiving stolen property or theft charges. This will happen if you possess stolen property because you were the one who stole it.

Apart from a jail or prison term, receiving stolen property can subject you to a civil lawsuit by the owner of the property. In this situation, the court can order you to pay three times the owner’s actual damages. You can also be required to pay the owner’s attorney’s fees and other expenses of filing a lawsuit against you.

You can present the following defenses against your PC 496 charges:

• You had possession of another person’s property, but you intended to turn it over to the police at the time you received it
• You intentionally took another person’s property, but you intended to return it at the time you received it
• The property you took was less than $950
• You were not aware that you had the property
• You were not aware that the property was stolen
• You did not receive or buy any stolen property

8. Extortion – Penal Code 518

You can face extortion charges if you force someone else to part with property or make someone else do something through unlawful force or threats. The court can also charge you with extortion if you make an official do something using unlawful force or threats. If the prosecutor accuses you of extortion, he/she must prove these elements:

• You threatened to inflict injuries on the victim
• You wrongfully took property that was not due to you
• You used force with the intention of making the victim surrender the property

Penalties For Extortion

You will face felony charges if you are guilty of extortion. In this case, you can face a jail term of two, three, or four years in a county jail. You can also face a fine of $10,000

The defenses you can use to fight extortion charges include:

• False accusation
• No evidence

9. Vandalism – Penal Code 594(a)(1)-(3)

You can face vandalism charges under PC 594(a)(1)-(3) if you deface, destroy, or damage property that is not your own. This law prohibits vandalism of someone else’s property or government property. If the prosecutor accuses you of vandalism, he/she must prove these elements:

• You destroyed, damaged, or defaced property with graffiti, or you destroyed personal or real property
• You acted maliciously
• You were not the owner of the property
• The property you destroyed exceeded $400

Penalties For Violating Penal Code 594(a)(1)-(3)

You will face vandalism penalties based on the value of the property you destroy. In this case, this offense can be charged as a wobbler. You can face felony charges if you vandalize property worth $400 or more. The other factors that the judge will consider while making charging decisions include:

• Your age
• Prior criminal record, and
• The facts of your charges

Misdemeanor charges often attract these penalties:

• A jail term not exceeding one year in a county jail, or
• A fine not exceeding $1000, or
• Both a jail term and a fine

For a felony conviction, you can face the following charges:

• A jail term not exceeding three years in a state prison, or
• A fine not exceeding $50,000, or
• Both a fine and a jail term

You can present the following defenses against your vandalism charges:

• You did not act maliciously
• You are a victim of mistaken identity
• You are a victim of false accusation
• It was an entrapment

10. Trespass – Penal Code 602

It is an offense under Penal Code 602 for you to enter another person’s land to damage property or interfere with property rights. You can also face the charges under this law if you enter someone else’s land to disrupt the owner’s business or occupation. If the prosecutor accuses you of violating PC 602, he/she must prove the following elements:

• You entered land or a building belonging to another person
• You occupied the land or building without the owner’s permission
• You occupied a section of the land or building until you were removed

Penalties For Violating Penal Code 602

Trespass can be charged as an infraction or a misdemeanor. You will face a small fine if the court charges you with an infraction. On the other hand, misdemeanor charges often attract these charges:

• A jail term not exceeding one year in a county jail, or
• A fine not exceeding $1000, or
• Both a jail term and a fine

Some of the defenses you can mount against your trespass charges include:

• You had the owner’s consent to be on the property
• You did not interfere with or distract from activities on the land
• You did not occupy the property
• You had the right to be on the property

Find a Criminal Defense Attorney Near Me

Many types of property crimes under California law include robbery, trespass, arson, vandalism, and receiving stolen property, among others. The specific charges you face will depend on the crime you committed, since property crimes can be charged as felonies or misdemeanors. Contact an attorney immediately if the prosecutor accuses you of committing a property crime. At the CCLG: Los Angeles Criminal Attorney, we have competent attorneys who can help you fight against your charges. Contact us at 323-922-3418 to speak to one of our attorneys.