You could face felony or misdemeanor charges if you are found guilty of a property crime in California. The penalties you face will be determined by several variables, including the seriousness of the crime and your criminal background. If you illegally acquire another individual's property, the penalties you will receive will be determined by the value of the property you obtained. The charges can also be determined by how you obtained the property.

If you've been charged with a property crime, you should get legal help immediately. A solid defense strategy can be devised with the assistance of a Santa Ana Criminal Attorney from the California Criminal Lawyer Group. The court may lessen or drop your charges if you present a good defense.

Overview of Property Crimes Under California Law

There are various kinds of property crimes described under California law. The offenses have serious repercussions, including possible incarceration and hefty fines. The following are some of the most common property crimes in the State  of California:

Burglary

If you set foot into a residential, business, or other property with the intent to commit any type of theft, you may face burglary charges as per California law. You do not have to use violence, force, or threats when going into a property to be charged with burglary. Additionally, you don't need to perform any damaging acts to be charged with burglary.

To face burglary charges, all you have to do is get access to someone else's property with the intention of carrying out theft. According to California Penal Code Section 459, burglary is charged as a wobbler offense, which means the prosecution can prosecute you with either a felony or a misdemeanor.

Trespassing

If you illegally access buildings, lands, or other property owned by another person without their consent, you may face trespassing penalties under California Penal Code Section 602 (h) 1. Illegally entering another person's property is especially prohibited if there are readily apparent signs prohibiting trespassing. It's also against the law to demolish, damage, or remove any fences or signs that designate the borders of another person's property.

Trespassing laws in California make it illegal to enter another person's property with the intent of inflicting damage. You could also face prosecution if you enter another person's property with the intent of disrupting commercial activities there. You may also get entry to another person's property without their permission and refuse to leave even when requested. Under California law, this would be considered trespassing.

Petty Theft

If you take something worth less than $950 in California, you could be charged with petty theft. Petty theft, in other words, is a smaller crime than grand theft, which entails stealing property valued at more than $950. Even if the value of the property stolen is less than $950, you may face petty theft charges if you steal motor vehicles, weapons, or other specified things.

Petty theft is classified as a misdemeanor in California. If you are convicted of petty theft, you may be sentenced to up to three years of misdemeanor probation. You may potentially be sentenced to a maximum of six months in county jail. You may also be ordered to pay fines of up to $1,000 by the court. The severity of the sanctions imposed by the court will be determined by numerous variables, including the seriousness of the case.

The severity of the punishment you may face will be determined by the value of the property stolen. If you commit a first-time petty theft offense, the court may propose community service and counseling as alternatives to jail time. Instead of proposing jail time and probation, the court may advise you to refund the stolen item.

Grand Theft

Under California law, if you steal something valued at more than $950, you may face grand theft penalties. The crime of grand theft is defined in California Penal Code Section 487. It's important to remember that stealing certain items is always considered grand larceny under California law, regardless of the value of the material taken. If you steal animals, automobiles, weapons, or aquacultural products, for example, you will be charged with grand theft.

If you steal something valued at less than $950 in California, you could face misdemeanor charges. Misdemeanor charges can result in a maximum sentence of six months in jail. You may also be required to pay a fine of up to $1,000. You may face felony charges if you commit grand theft for products worth more than $950. If you are convicted of a felony, you might face a prison sentence of up to three years in a California state prison.

Vandalism

The crime of vandalism is defined in California Penal Code 594. You may be charged with vandalism if you destroy, deface, or damage any personal property that does not belong to you. The cost of damage will determine the consequences of vandalism under California law. If you cause $400 in damage or more, you may be sentenced to a maximum of one year in county jail. You may also be ordered to pay a fine of up to $10,000 by the court.

You may be eligible for alternative sentencing if you are a first-time offender or a juvenile. You can escape going to jail by using alternative sentencing. You can examine the available alternative sentencing options with the advice of an expert criminal attorney to avoid going to jail. For example, instead of jail time, the court may suggest probation.

You may be eligible for alternative sentencing if you are a first-time offender or a juvenile. You can escape going to jail by using alternative sentencing. You can examine the available alternative sentencing choices with the advice of an expert criminal attorney to avoid going to jail. For example, instead of jail time, the court may suggest probation.

Arson

Due to its fatal nature, arson is a serious violation of California law. The offense comprises the purposeful and deliberate destruction of property. Under California law, there are several types of arson. All of them, however, revolve around the willful damage of property, the infliction of injuries, and the resulting serious bodily harm and death. Arson is punishable by felony charges in California. The punishment for the crime can range from jail to heavy fines. The court can also order you to register as an arsonist for the rest of your life. Depending on the nature of the offense and your previous history, the court may prosecute arson as a misdemeanor rather than a felony.

You may set fire on your property with the intent of defrauding your insurance company. This felony offense might result in a 16-month, two, or three years sentence in a California state prison. Other punishments might include being labeled an arsonist for the rest of your life under California law. If you set fire to someone and they die, you could face murder charges and be labeled an arsonist for the rest of your life. You might try but fail to set fire to something. Under California law, attempted arson is a crime punishable by a sentence of 16 months, two or three years in a California state prison.

If you have a past arson conviction under California law, you may face increased penalties. If you commit arson and inflict serious bodily injury to a protected emergency responder, such as a firefighter, you may face harsher sanctions. If one or more people are seriously injured as a result of the arson, you may face harsher punishment. You may face increased charges if you set fire to many structures.

Types of Property Crime

Aggression, dishonesty, fraud, entrepreneurialism, and damaging behavior are all classified as property crimes. The following are examples of property crimes:

  • Violent property Crimes

These are defined as the application of physical force to a person to acquire their property; examples include carjacking and robbery.

  • Stealthy Property Crimes

This is described as the nonfraudulent, and nonviolent stealing of property when the owner is essentially absent; examples are auto theft and burglary.

  • Fraudulent Property Crimes

This is defined as the use of deception to steal property, examples include embezzlement and tax evasion.

  • Entrepreneurial Property Crime

This is described as the unlawful production, vending, giving, buying, or accepting of property.

  • Destructive Property Crime

This is described as the illicit damaging or destruction of property. Examples are arson and vandalism.

Property crime, whether violent, stealthy, fraudulent, entrepreneurial, or destructive, is a quantitative variable that can fluctuate in magnitude and rate over time and geography. The city of Santa Ana's mission is to minimize these types of crimes.

Common Defenses to Property Crimes

To find a person "guilty" of a crime in a criminal court, the judge or jury must determine guilt beyond a reasonable doubt. That is why, in order to raise reasonable doubt for their clients, criminal attorneys use a variety of criminal defense methods. When it comes to criminal matters, criminal attorneys commonly deploy three basic criminal defense strategies:

Innocence

Even while pleading innocent may appear to be the most straightforward set of defenses,  your attorney and you must do much more than just taking the stand as a witness and swear you didn't commit it. In order to successfully close the case, your criminal attorney must still devote a significant amount of effort to developing a defense plan based on the claim to be innocent. 

Your lawyer should look for witnesses and specialists to testify, as well as assist in the discovery of proof that could be found that shows you were unable to commit the offense. Occasionally, the defense revolves around evidence that demonstrates that the other party has committed a crime, in other instances, solid alibi witnesses are all that is required.

Insanity

Pleading insanity while committing a crime is only effective in a few cases, and these are affirmative defenses, implying that the defendant is confessing to the offense but under different circumstances. When asserting insanity at the time of the offense, the criminal defense attorney must prove without a shadow of doubt that the defendant's mental illness was the driving force behind the act. However, as simple as this may appear, proving insanity is a difficult task.

Constitutional Violations

Notwithstanding if you've committed a crime or not, you are entitled to some constitutional safeguards. In criminal proceedings, constitutional infractions are prevalent, especially when it comes to the defendants' treatment, the collection of evidence, and the circumstances of the arrest. A good constitutional violation can often result in the charges being fully dropped or the prosecution agreeing to a possible plea deal for a less serious offense. Criminal defense attorneys with a lot of experience will look for violations of the Constitution right away, as they are a solid defense Listed below are a few examples of constitutional violations:

  • Illegally searching for and obtaining proof from the defendant's house or vehicle
  • Obtaining a forced confession
  • Not reading the Miranda warning to the defendant during the arrest
  • Failure to secure a warrant
  • Breaking the custody chain on the evidence that has been obtained

 

 What the Prosecutor Needs to Prove

Prosecutors have several options for proving the defendant's criminal intent. Some of these methods are as follows:

Confession

Defendants frequently confess to the police or another person that they entered a building with the intent to steal or for any other reason. For example, when police respond to an alarm, they may discover a teenager inside a house. “I wasn't trying to hurt anyone; I was only seeking for something to sell,” the adolescent exclaims. The teen acknowledged breaking into the building with the intention of committing a crime. The adolescent would very certainly be found guilty of burglary by a jury.

Circumstantial Evidence

Occasionally, the defendant's conduct is only consistent with a desire to steal or commit another crime. For example, suppose a man sneaks into a woman's house in the middle of the night and she discovers him going through her belongings in her closet. The man had never met the woman before. He pried the door open with a screwdriver since it was locked. Most judges and jurors would have a hard time believing that the defendant entered the woman's home with any other intention than to commit a crime.

Penalties for Property Crime

Each property crime carries a different punishment. The punishment might range from a fine to a jail term, depending on the type of offense committed. Property crime can be categorized as a felony or a misdemeanor depending on the property stolen.

  • Felony- A felony is a serious offense that can be both non-violent and violent in nature. A felony offense carries a substantially harsher penalty, such as a lengthy jail sentence.
  • Misdemeanor- A misdemeanor is a more serious offense than an infraction but less serious than a felony. A minor offense is usually punishable by detention in a local jail, a fine, or both.

If the stolen property is worth between $100 and $300, it is considered petty theft, which is a misdemeanor offense. If the stolen property is worth more than that, the crime is classified as a felony.

When you are suspected of a property crime, the amount of property that you damaged and the value of anything that you stole determines whether you are charged with a felony or a misdemeanor.
Penalties for property offenses might be raised based on how the crime was committed.

Robbery is classified as a second-degree felony, but it can be upgraded to a first-degree felony if the victim was elderly, incapacitated, or if a weapon was used against them.

Depending on the severity and nature of your crime, you could receive one or more of the following charges if you are found guilty of a property crime:

  • Probation
  • Incarceration
  • Restraining orders
  • Restitution
  • Exorbitant fines
  • Community service

 

Even though a defendant is guilty of the most "trivial" misdemeanor offense and does not serve any time in prison, he or she could face numerous challenges in the future. Having a criminal background could affect your employment and housing options, especially in today's world where employers and landlords could run a background check on you. If you are forced to pay compensation but are having financial difficulties, your problems may only become worse.

Criminal Court Process

The legal system can appear to be a maze of red tape. You might not know how to get around once you've entered. For someone who is unfamiliar with the details of laws and court regulations, they can be exceedingly complex and bewildering. The criminal court procedure is outlined below.

The Arrest

Typically, the police will make an arrest and file a report. The circumstances leading up to the arrest are summarized in this report, which also includes the names of witnesses and other pertinent information. Defendants have no entitlement to a copy of the arrest report, but their attorneys do. This is done to shield the identities of witnesses. This is why having an attorney represent you if you are charged with a

crime is critical.

After then, the prosecutor determines whether or not to press charges. The prosecutor determines whether the crime should be charged as a misdemeanor or a felony. The prosecutor has the option of filing charges for all of the crimes for which you were arrested by the police or fewer or more charges than those listed in the arrest report. When the defendant is in custody, the prosecutor must usually bring charges within 48 hours of the arrest.

The Arraignment

The arraignment is the defendant's first appearance in court. The judge informs the defendant of the charges against him or her, as well as his or her constitutional rights, and that if he or she does not have enough money to employ an attorney, the court will appoint one for gratis.

The defendant may then enter a plea in response to the charges. Pleas of guilty, not guilty, or no contest are common. If the defendant is in custody at the time of arraignment, the judge will either release the defendant on his or her own recognizance (meaning the defendant promises to appear in court on a certain date), set bail, and return the defendant to jail until the bail is posted, or refuse to set bail and return the defendant to jail.

After the Arraignement

If the accused enters a not guilty plea after the arraignment and before the trial in a misdemeanor case,

  • Information is exchanged between the prosecution and the defendant. Defendants' access to the material may be restricted, but their counsel is frequently not. This is because attorneys must protect the identities of witnesses while drafting a case so that the witnesses' safety is not jeopardized.
  • Pretrial motions can be filed by any party, including motions to dismiss the case, rescind the complaint, or prevent evidence from being used at trial.
  • The defendant has the option of changing his or her plea from not guilty to guilty or no contest.
  • The judge and attorneys on both parties may meet to discuss ways to conclude the matter without going to trial.

If the case does not settle or get dismissed following the arraignment in felony cases, the court holds a preliminary hearing. The judge will assess whether there is enough evidence that the defendant committed the offense to require the defendant to appear for a trial at this hearing. The prosecutor will file a document known as the information if the judge determines that there is sufficient evidence. The defendant will then be arraigned on the information for the second time. The defendant will enter a plea and go to trial at that time.

The Trial

In criminal proceedings, defendants have the right to have a jury of their peers decide whether they are guilty or innocent. As a result, defendants must select whether they want a jury trial or a court trial before the trial. Defendants usually request a jury trial because they want a jury of their peers to hear the evidence and decide whether or not they are guilty. A defense attorney may, however, request a court trial without a jury under certain circumstances.

The attorneys select a jury before the trial begins. During this procedure, attorneys on both sides ask potential jurors questions in order to ensure that the jurors are fair and impartial. Both sides have the right to make an opening statement about the case before the attorney presents evidence and witnesses.

Attorneys produce evidence during the trial through witnesses who testify about what they witnessed or know. The attorneys make their final argument after all of the evidence has been presented. Finally, the jury decides whether or not the defendant is guilty. The defendant must be found guilty beyond a reasonable doubt by the jury.

The Verdict

The defendant will be acquitted if the jury finds him or her not guilty. The defendant will never be tried for the same offense again. A not guilty verdict is not the same as an innocent verdict. It simply implies that the jury was not convinced beyond a reasonable doubt that the defendant was guilty. The arrest, as well as the acquittal, will remain on the defendant's record.

A hearing to determine the defendant's factual innocence must be held in front of a court if he or she was unfairly detained and charged and wants the arrest deleted from his or her record. It is frequently much more difficult to establish factual innocence than it is to establish a reasonable doubt regarding guilt. The defendant will be sentenced if he or she is found guilty.

Contact a Santa Ana Criminal Attorney Near Me

If you are facing criminal charges for property crimes, you should contact the California Criminal Lawyer Group for a free consultation. Our attorneys have a proven track record of obtaining favorable outcomes for our clients and avoiding the negative consequences of a criminal conviction. Call 714-844-4151 to get in touch with us.