Theft Crimes

Under California law, theft means taking another person’s property without their permission, intending to deprive them permanently of it. Facing theft charges can be an overwhelming experience, and the possible repercussions are significant. Theft crimes can range from a misdemeanor to a felony based on the seriousness of the offense. If you or a loved one faces theft charges, it is essential to understand the types of theft, the related penalties, and available legal options. You should also hire a skilled criminal defense attorney who can protect your rights and obtain the best possible outcome in your case. For reliable legal representation, contact the CCLG: Los Angeles Criminal Attorney. Our skilled attorneys will evaluate your charges and help you create a solid legal defense.

Theft exists in many forms according to California law. The common theft crimes in California are:

1. Petty Theft – Penal Code 484(a)

Under Penal Code 484(a), taking another person’s property without their permission is an offense. You can be guilty of this offense if you intended to take the property permanently. The jury can also convict you of this offense if you took the asset long enough to deprive the owner of its enjoyment or value. You can also face this charge if you move the property, even briefly, with the intent to deprive the owner of it permanently. The value of the property must not exceed $950.

You could face the following penalties if you are convicted of petty theft:

• A jail term that does not exceed six months in a county jail
• A fine that does not exceed $1000, or
• Both imprisonment and a fine

You can present the following defenses if you are facing petty theft charges:

• You had no intent to commit petty theft
• You had the owner’s consent
• You had a rightful claim to the property
• You are a victim of false accusation
• Mistaken identity
• It was an entrapment

2. Petty Theft With A Prior Conviction – Penal Code 666(a)

The prosecutor can file Penal Code 666a charges against you if you commit petty theft with a criminal history that includes certain prior convictions. You can face a sentence enhancement for a petty theft conviction if:

• You had previously been convicted of a theft offense
• You served a jail term for that conviction
• Certain prior convictions for serious or violent felonies or registerable sex offenses

The above elements are the sentencing factors. The prosecutor does not need to prove the above elements for you to be convicted under the underlying petty theft charge.

Theft offenses that can attract increased penalties include:

• Burglary under Penal Code 459
• Grand theft under Penal Code 487
• Felony receiving stolen property under Penal Code 496
• Robbery under Penal Code 211
• Carjacking under Penal Code 215

The prosecutor can also claim that you have prior convictions for a violent crime or certain sex offenses. However, Penal Code 666(a) cannot come into play merely for having a prior conviction for a theft offense. One of the following also needs to be true for you to face charges under this law:

• You had previously been convicted of a sex offense that requires you to register as a sex offender
• You had previously been convicted of a particular violent felony

According to Penal Code 666, violent felonies include the following:

• Sex offenses against a minor under 14 years
• Possession of a weapon of mass destruction
• Gross vehicular manslaughter while intoxicated under Penal Code 191.5
• Any violent felony that attracts life imprisonment or death

Petty theft with a prior conviction is often charged as a wobbler. In this case, you could face misdemeanor or felony charges. Misdemeanor charges can attract a jail term that does not exceed one year in a county jail. On the other hand, felony charges can attract a jail term that does not exceed three years. The judge can also impose a fine that does not exceed $10,000.

The defenses you can raise against Penal Code 666 charges include:

• You have no qualifying priors
• You are innocent of petty theft
• You are a victim of false accusation
• The police coerced you to confess

3. Grand Theft – Penal Code 487

It is an offense under Penal Code 487 for you to steal another person’s property that exceeds $950. Under this statute, you will also be guilty if you steal a gun, an automobile, or fish from a research operation or commercial fishery. If you face charges for violating Penal Code 487, the prosecutor should prove these elements beyond a reasonable doubt:

• You took property or services that exceeded $950
• You intended to deny the rightful owner permanent possession of property or deny them the use of a service.
• You took an automobile
• You took a gun
• You took aquaculture products, fish, or shellfish exceeding $950
• You took aquacultural products, shellfish, or fish from a research operation or commercial fishery

Grand theft charges can attract misdemeanor or felony charges. The court can impose a jail term that does not exceed one year if you are convicted of a misdemeanor.

On the other hand, you can face the following penalties if the judge convicts you of felony charges:

• A jail term that does not exceed three years in a state prison
• A fine that does not exceed $5,000, or
• Both a jail term and a fine

You could also face felony charges if you steal a firearm. This is a type of grand theft that is punished under the Three Strikes system. Under California’s Three Strikes Law, a third felony conviction, with two previous serious or violent felony convictions, can result in a sentence of 25 years to life.

You can use the following defenses to fight your grand theft charges:

• You had no intent to commit grand theft
• You were falsely accused of grand theft
• You had the owner’s permission
• You had a rightful claim to the property or service
• It was a police entrapment
• You were coerced to commit the offense

4. Carjacking – Penal Code 215

You can be guilty of a felony under Penal Code 215 if you take someone else’s car through the use of fear or force. In this case, fear or force refers to physical violence or threats of harm against the motorist or passenger. If the prosecutor accuses you of carjacking, the prosecutor must prove the following elements beyond a doubt:

• Someone else had a car
• You took the car from the motorist’s or passenger’s immediate presence.
• You took the car against the motorist’s will by using fear or force
• You intended to deprive the owner of their vehicle temporarily or permanently

Possession And Immediate Presence

You can execute a carjacking by ordering a driver out of a car while armed with a gun or knife and driving the car off. In this case, the vehicle was under the motorist’s possession and within their immediate presence. ‘’Immediate presence’’ means that the vehicle you took was within the motorist’s observation, reach, or control. It must be evident that the vehicle owner would have retained possession of the car if he/she had not been overcome by fear or force.

Against Their Will

If you take someone else’s car, it means you took possession of the vehicle and moved it, even if only slightly away. The court still can charge you with attempted carjacking if, for whatever reason, you were not able to move the vehicle. This can happen so long as the prosecutor can prove other elements of the crime. ‘’Against their will’’ means without the motorist’s permission. An individual ‘’permits’’ something if he/she does so voluntarily and freely, not under the influence of fear or force. Consent must be given voluntarily, reflecting the individual’s free will and cooperation.

Force or Fear

According to Penal Code 215, force yields fear. The law in California treats the coercive impact of fear caused by threats as a form of force. ‘’Fear’’ implies a fear of harm to one’s person, family, property, or people present at the incident scene.

Penalties For Penal Code 215 Charges

Carjacking is often charged as a felony. This offense attracts a jail term of up to three, five, or nine years in a state prison. The court can also impose a fine that does not exceed $10,000. You could face penalties for each person in the vehicle during the carjacking.

Apart from the above penalties, you can also face other sentence enhancements. They include:

Felony – Murder Rule

If a death occurs during a carjacking, the felony-murder rule allows for a first-degree murder charge, even if the death was unintentional. The jury can also convict you of the same offense if the victim suffers a heart attack because of the stress of the event.

Three-Strikes Law

Carjacking is often treated as a violent felony. A violation of Penal Code 215 will attract a ‘’strike’’ on your criminal record according to California’s three strikes law. In this case, you must serve at least 85% of your jail term before the court grants you parole. The judge will consider you a ‘’second striker’’ if you are subsequently convicted of any felony and have a prior ‘’strike’’ on your record. Your jail term will be double the term otherwise required by the law. Additionally, you will be considered a ‘’third striker’’ if you are convicted of a third felony and have two prior strike convictions. In this situation, you will face a minimum of 25 years’ jail term to life imprisonment in a state prison.

10 – 20 – Life (Use A Gun And You Are Done) Law

You could be subjected to the following under Penal Code 12022.5, California’s 10-20-life ‘’use a gun and you are done’’ law:

• A jail term that does not exceed ten years if you use a firearm to commit carjacking
• A jail term that does not exceed 20 years if you fire a gun during the commission of carjacking
• A jail term of up to 25 years or life imprisonment if you kill or severely injure someone else with a gun

Criminal Street Gang Enhancement

California’s gang enhancement will apply if you are found guilty of carjacking for the benefit of, at the direction of, or in association with any criminal street gang. The court will automatically impose on you a jail term of 15 years to life imprisonment if you are convicted under Penal Code 186.22, California’s criminal street gang enhancement. This will be in addition to and consecutive to your violation of Penal Code 215.

Great Bodily Injury

You could face a jail term of up to three to six years in a state prison under Penal Code 12022.7 if, during your carjacking, the victim suffers a significant bodily injury. This sentence will be in addition to the penalty you receive for your carjacking conviction.

However, some of the defenses you can use to challenge your carjacking charges include:

• You are a victim of mistaken identity
• You had the owner’s permission
• You are a victim of false accusation
• It was an entrapment
• The police coerced a confession

5. Burglary – Penal Code 459

Burglary is a serious offense in California, carrying significant consequences such as damage to one’s reputation, substantial fines, and incarceration. If you are facing burglary charges, avoid pleading guilty without understanding the law and the available legal options.

According to Penal Code 459, burglary is entering a commercial, residential, or any other property intending to commit petty larceny, grand larceny, or any other felony. You do not have to enter the structure by force, threat of violence, or through any act of destruction to face the charges under this law. Only the intention of committing a felony or any offense is required.

Burglary is often treated as a wobbler under Penal Code 459. However, Penal Code 460 classifies burglary into first and second degree. First-degree burglary is charged as a felony, while second-degree burglary is charged as a misdemeanor.

If you are accused of robbery, the following elements must be evident:

• You entered the structure or building
• You had the intent to steal or commit another felony within the building or structure

First Degree Burglary

First-degree burglary is commonly a residential burglary. This involves entering an ‘’inhabited’’ place that is meant for habitation. The place will be treated as ‘’inhabited’’ even if it is not occupied but meant for dwelling purposes. You can face a jail term of two, four, or six years in a state prison if you are guilty of this offense. The court will not grant you probation if you are convicted of this crime unless it is in the best interest of justice. Unless mitigating factors exist, you will be sentenced to prison, followed by a parole period. Mitigating factors warrant a lower jail term that does not exceed one year in a county jail, followed by formal felony probation.

Additionally, first-degree burglary falls under California’s Three Strikes Law. You will face a jail term of up to 25 years to life imprisonment if you are convicted of two felony strike charges and any subsequent felony charges.

Second Degree Burglary

Second-degree burglary involves all other cases, including commercial burglary and any structure burglary apart from a residence or dwelling. This offense can be charged as a misdemeanor or felony. You will face a jail term that does not exceed one year in a county jail if you are convicted of a misdemeanor. On the other hand, you will face a jail term of 16 months, two years, or three years in a state prison if you are guilty of a felony.

The following are the defenses you can use to fight your burglary charges:

• It was a mistaken identity
• You are a victim of false accusation
• You had no intent to commit burglary
• It was an entrapment
• You were coerced to confess
• You had the permission of the owner

6. Robbery – Penal Code 211

It is an offense under Penal Code 211 for you to use force or threats to take another person’s property against their will. You can only face criminal charges under this law if it is established that you had already decided to commit robbery before taking the property. If you face charges for violating Penal Code 211, these elements must be evident:

• You took another person’s property.
• The property was in another person’s possession
• You took the property from another person’s immediate presence
• You took the property against the will of the owner
• You executed this offense by use of force or fear
• You intended to permanently deny the owner the use or enjoyment of the property.

Robbery is often treated as a felony and is punishable in first and second degrees. You can face a jail term that does not exceed nine years in a state prison if you are guilty of first-degree robbery. The judge can also impose a fine that does not exceed $10,000. Sometimes, you can face both a jail term and a fine.

If you are guilty of second-degree robbery, you can face a jail term that does not exceed five years in a state prison. The court can also impose a fine that does not exceed $10,000. You can also face both a jail term and a fine.

Robbery can also be aggravated in many ways that can attract enhanced sentences. For example, you can face an additional jail term that does not exceed six years in a state prison if you do something that produces significant bodily injury during a robbery. You can also face life imprisonment if you deliberately use and fire a gun in the commission of theft, and it causes significant bodily injury to the victim.

Robbery is also punishable under California’s ‘’Three Strikes’’ law. You will face a jail term that does not exceed 25 years in a state prison if you commit two serious or deadly felonies and then commit a robbery.

The defenses you can use to fight your robbery charges include:

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

7. Extortion – Penal Code 518

Extortion happens when you force someone else to part with property or make someone else do something through illegal threats or force. Blackmail is a popular form of extortion. You can also be guilty of extortion if you make an official do something using illegal force or threats. The prosecutor must prove these elements:

• You threatened to harm someone else, threatened to accuse them of an offense, or threatened to expose an offense they had committed.
• You illegally took money or property that was not due to you, whether taken by fear, threats, or force.
• You used fear or force to make someone else give you valuable property.
• The use of fear or force made someone else consent to parting with valuable property.

Violation of Penal Code 518 is often charged as a felony. This offense can attract a jail term of up to two, three, or four years in a county jail. The judge can also impose a fine of $10,000. The court can also grant you felony probation instead of a jail term. The judge can also order you to pay restitution to the victim. Restitution involves reimbursing the victim for the loss suffered or the costs incurred in relation to the offense.

The defenses you can use to fight your extortion charges include:

• False allegations
• No sufficient evidence

You can face criminal charges under California Penal Code 524 if you attempt to extort another person. Under California Penal Code 522, you can face charges if you make someone sign a legal document through extortion.

Expungement Of Theft Convictions

You can apply for an expungement of a theft crime conviction under the California Penal Code §1203.4. An expungement releases you from all the penalties and hardships associated with a sentence.

Find a Criminal Defense Attorney Near Me

California law treats theft crimes as serious offenses and imposes harsh penalties following a conviction. If you or someone close to you faces theft charges, you should retain a skilled criminal defense attorney to help you fight against the theft charges. You should not take theft charges lightly, given that your freedom, rights, and livelihood are at stake. Our attorneys at the CCLG: Los Angeles Criminal Attorney thoroughly understand California law and the local court procedures. We will fight for you, safeguard your rights, and negotiate for the best possible outcome.

Contact us at 323-922-3418 to speak to one of our attorneys.