Theft crimes are serious offenses in California whose conviction can result in both criminal and non-criminal consequences. Some theft crimes are more serious than others, attracting even more severe penalties that might include a lengthy prison term, hefty penalties, and other life-altering consequences. California has several offenses classified under theft crimes. If you’ve been charged with one in Santa Ana, CA, it helps to understand the various theft offenses in the state and their respective penalties.

At California Criminal Lawyer Group, we have a team of skilled and experienced criminal defense attorneys who can help you understand your charges’ implications and the right approach if you wish to avoid a conviction. Contact us today for advice, guidance, and protection of your rights.

What are Theft Crimes?

Theft crimes refer mainly to those offenses that involve the unauthorized taking of another person’s property with the intent of permanently depriving its owner of the property.

Years ago, shoplifting and petty theft were considered minor offenses due to the low value of property stolen. Their convictions were not even worth mentioning during job applications and interviews.

Things have changed so much today, and all kinds of theft offenses are treated with the seriousness they deserve. You are likely to face serious criminal consequences for a shoplifting or petty theft conviction today. On top of that, a conviction for any theft crime, whether major or minor, can affect several aspects of your life, including your career and social life.

Before we delve into much about California theft crimes, let’s first explain the legal meaning of theft. California law has a much broader meaning of theft than what many people believe to be the actual meaning.  Theft does not just entail taking what belongs to other people without their authorization. It could mean any of the following:

  • A felonious act of taking, stealing, driving, or leading away personal property belonging to another
  • Fraudulently appropriating property that has been entrusted to you by another.
  • Knowingly and intentionally, by using fraudulent or false pretense or representation, defrauding another person of finances, labor, personal or real estate property.
  • Causing or procuring other people to report your wealth falsely, to obtain money, property, labor, or service fraudulently.

To understand California theft crimes even better, let us look at various theft crimes and their penalties upon conviction.

Petty Theft

California law against petty theft is provided under PC 484 of the State’s Penal Code. The law defines petty theft as wrongfully stealing or taking another person’s property whose value is at $950 or less. Any theft that involves property value of more than $950 becomes grand theft, a more serious theft crime.

California laws have several types of theft that could bring forth charges for petty theft. They include:

  • Theft through false pretenses
  • Theft through larceny
  • Theft through embezzlement

Here are examples of common actions that could result in petty theft charges:

  • Borrowing a friend’s jewelry valued at $350 to wear on a special function and purposely failing to return it.
  • Taking a laptop from your employer’s office and not mentioning it when your employer realizes that the laptop is missing.
  • Altering the price of a camera in an electronics store and proceeding to checkout.

To be found guilty of petty theft, the district attorney must prove the following facts of the crime beyond reasonable doubts:

  • That you took possession of another person’s property
  • You took that property without its owner’s consent
  • When you took that property, you planned to deprive the owner of the property permanently
  • You moved that property, even for a short distance, and kept it for some time; however short-lived the time was

Petty theft is prosecuted as a misdemeanor offense in California, attracting the following penalties:

  • A maximum of six months in jail
  • A fine of not more than $1,000
  • Misdemeanor probation in place of jail time

A conviction for petty theft could bear serious immigration consequences. California courts have held that if petty theft was committed with fraudulent intent, the offense could be considered a crime of moral turpitude. Crimes of moral turpitude are among those that could cause the offender to be deported or inadmissible into the U.S. 

Grand Theft

In California, grand theft, as provided under California PC 487, is committed when a person takes another’s property valued above $950. Grand theft is committed the same way as petty theft, with the value of the stolen property the only difference.

Here are some actions that can bring forth grand theft charges:

  • An employee working in a jewelry shop steals a piece of jewelry valued at $1,200 while on a night shift.
  • Embezzling more than $500,000 from your place of work in the many years you have been working there.
  • A team of youngsters breaks into a home and steals electronics valued at thousands of dollars.

California grand theft can be committed in many ways, including the following:

By Larceny

It involves carrying off another person’s tangible property without their authorization and intending to keep the property away from the owner for a significant period. The following are elements of grand theft committed by larceny. Prosecutors must prove these elements beyond a reasonable doubt for you to be found guilty:

  • You took possession of property belonging to another person
  • You did not have the owner’s permission to take that property
  • When you took that property, your intention was either to deprive the owner of their property permanently or to keep the property for a long enough period that the owner will lose a significant value of the property.
  • You moved the property and kept it. The move could have been a very short or long distance, and the period could be brief or more.

Note that a simple case of shoplifting could be charged as grand theft if the total value of shoplifted items was more than $950

By False Pretense

The law against theft through false pretense is provided under California PC 532. The elements of this offense, which the prosecutor must prove in court for you to be found guilty, are:

  • That you intentionally and knowingly deceived another person by telling the person something untrue, an act referred to as making false pretenses
  • That you made false pretenses with intentions of making that person give consent to your taking possession of his/her property
  • That the person trusted your word, thereby allowing you to take ownership and possession of their property

By Trick

You can still be charged for committing grand theft if the offense was accomplished using tricks. The elements for this offense are:

  • That you knowingly obtained another person’s property
  • That you used deceit or fraud to make the owner consent to your taking possession of their property
  • That you took that property intending to permanently deprive the owner of it or take it from the owner for a significant period, denying the owner the enjoyment or value of that property for that period.
  • That you retained the property for a given period
  • That the owner did not intend to transfer the possession or ownership of his/her property to you.

California grand theft is a wobbler offense. It means that the prosecutor can charge it as a misdemeanor or felony, depending on your case’s facts and criminal history.

If you are charged with a misdemeanor, you will likely receive a one-year jail sentence upon conviction.

If you are charged with a felony, you are likely to receive the following penalties:

  • Felony probation and jail time for one year
  • 16 months, two or three years in jail

Note that different penalties apply if the stolen property was a firearm. In this case, the offense will automatically be a felony, punishable by 16 months, two, or three years in prison. Grand theft of a firearm is also considered a serious felony in California, making it a strike under the state’s Three-Strike law.

Additionally, some grand theft cases are subject to penalty enhancement. They are those offenses charged as felonies and whose charges include properties of high value. Sentence enhancements for these offenses will be as follows:

  • One year if the value of the stolen property exceeds $65,000
  • Two years if the value of the stolen property exceeds $200,000
  • Three years if the value of the stolen property exceeds $1,300,000
  • Four years if the value of the stolen property exceeds $3,200,000

Embezzlement

Embezzlement laws in California are provided under the state’s PC 503. The offense occurs when a person unlawfully takes property that has been entrusted to them, intending to deprive its rightful owner of the use and value of that property. Embezzlement is prosecuted as either a felony or misdemeanor based on the value of the stolen property.

The legal definition of California embezzlement is made clear by the following elements. They are the facts of the case the prosecutor must prove in court for you to be found guilty:

  • That a person entrusted his/her property to you
  • That the owner did so because he/she trusted you
  • That you fraudulently converted or used the property for your benefit
  • You did so intending to deprive the owner of the use of his/her property

Note: The prosecutor doesn’t have to prove in court that the property owner asked you to return the property. This is not one of the elements of the crime.

California embezzlement is convicted as either grand or petty theft. The value of the stolen property determines the likely penalties.

Your charges will be treated as grand theft if your actions involved the following:

  • Embezzlement of property of $950 or more in value
  • Embezzlement of an automobile or a firearm

If charged as grand theft, embezzlement is a wobbler, which means that it can be prosecuted as either a felony or misdemeanor. A misdemeanor is punishable by a maximum of one year in jail and a felony a maximum of three years in jail.

If the value of the embezzled property was less than $950, the court is likely to treat your offense as petty theft, punishable by a maximum of six months behind bars.

Additionally, a felony conviction for embezzlement may affect your gun rights. California laws do not allow convicted felons to purchase or own a firearm.

Burglary

Burglary laws in California are provided under PC 459 of the state’s Penal Code. The offense is committed when a person enters any residential or commercial building or a locked vehicle intending to commit petty or grand theft or any other felony offense. The gravity of the offense determines the penalties you are likely to receive upon conviction. The offense is deemed complete once you enter the building or vehicle with criminal intent, even when the intended offense has not been accomplished. 

Burglary law in California is divided into first- and second-degree burglaries. First-degree burglary is one committed in a residential building. Second-degree burglary is committed in any building other than a residential building.

The legal definition of burglary offense provides the offense’s elements that the prosecutor will be required to prove in court for you to be found guilty. These elements are:

  • That you entered a building, or a room within a building, a structure, or vehicle
  • That when you entered the said places, you intended to commit a felony or theft.
  • That the value of the property you stole or intended to steal was more than $950, or that the building or structure you entered was not a commercial building, or that the structure was a commercial building, but you entered it outside business hours.

First-degree burglary is a felony under California law. The offender is likely to receive the following penalties if convicted:

  • Felony probation
  • Two, four, or six in prison
  • A maximum fine of $10,000

Additionally, the first-degree burglary counts as a strike under the California Three-Strike law.

Second-degree burglary carries much lighter penalties than first-degree. It is a wobbler offense. Thus, it can be prosecuted as either a felony or a misdemeanor. As a felony, the offense might attract the following penalties:

  • Felony probation
  • Sixteen months, two or three years in jail
  • A maximum fine of $10,000

On the other hand, a misdemeanor conviction for second-degree burglary is punishable by:

  • Misdemeanor probation
  • A maximum of one year behind bars
  • A maximum fine of $1,000

Robbery

Robbery involves feloniously taking personal property in another person’s possession or immediate presence against the person’s will and by use of fear or force. The offense is covered under PC 211 of the California Penal Code. The following are the elements of the offense that the prosecutor must prove in court for you to be found guilty of robbery:

  • That you took in possession another person’s property
  • That you took that property from the possession of its owner, or the owner’s immediate presence
  • That you committed this act against the other person’s will
  • That you used force or fear to accomplish the offense or to prevent the other person from resisting
  • By using fear, you intended to deprive the owner of the property permanently or for a long enough time to deprive him/her of a significant value of the property

 California robbery law is divided into first-degree and second-degree.

The first-degree robbery occurs when the offense includes the following:

  • The victim is a passenger or driver of a taxi, bus, streetcar, subway, or any other transportation or hire.
  • The offense occurred in an occupied house, trailer, or boat.
  • The offense occurred when the victim was using or immediately after using an ATM.

First-degree robbery is a felony, punishable by:

  • Felony probation
  • Three, four, or six years in prison
  • A maximum fine of $10,000

Any other robbery that doesn’t meet the above criteria will be prosecuted as a second-degree robbery. The offense is punishable by:

  • Felony probation
  • Two, three, or five years in prison
  • A fine of up to $10,000

A robbery count is usually determined by the number of victims and not the number of items stolen. For example, if your case involves three victims, you will be charged with three counts of robbery, each attracting separate penalties.

Additionally, California robbery convictions are subject to sentence enhancements on the following conditions:

  • The victim/victims suffered great bodily injury
  • You accomplished the offense using a gun

Lastly, robbery is considered a serious felony. Therefore, a conviction for robbery is a strike offense under California Three-Strike law.

Common Legal Defenses for California Theft Crime Charges

If you face charges for any theft crime in California, it is advisable to fight your charges to avoid a conviction. A conviction comes with criminal penalties and other life-changing consequences like the inability to find suitable employment. Fighting could cause the court to reconsider and either drop or reduce your charges. This is made possible by hiring the help of a skilled and experienced criminal attorney and the availability of legal strategies that your attorney can use in your defense. Some of the strategies that can apply in cases involving theft crimes include:

You Had the Owner’s Consent

Most theft crimes involve taking another person’s property without the owner’s consent. Consent is an important element of any theft-related offense. Therefore, if the owner granted consent, you may not be guilty of the crime.

Sometimes consent is granted by word of mouth, and other times it is implied. The owner may not have verbally granted consent for you to take a particular item, but he/she might have implied it. The court will want to know your reasons for believing that the owner granted you consent.

If your arguments are accepted in court, then the court will drop your charges.

You Had Borrowed the Property

A borrowed property could be considered stolen if there is no clear communication between the owner and the borrower. However, you cannot be convicted of theft if you did not intend to deprive the owner of his/her property permanently. This is one of the elements of these offenses that the prosecutor must prove in court.

If you only borrowed the item and intended to return it within a reasonable time, you may not be found guilty of theft.

Prosecutors face significant challenges in proving the offender’s intentions in court. For instance, it could be a challenge for the prosecutor to prove beyond a reasonable doubt that you intended to permanently deprive the owner of his/her property. Your attorney can take advantage of this to argue that you only needed the property for a particular period and were planning to return it in time for the owner to use it.

If your attorney’s arguments are accepted as true in court, the judge will drop your charges.

Claim of Right

You may have been accused of stealing property that you actually and reasonably believed belonged to you.  In this case, you only need to demonstrate in court that you believed you had a right of ownership of that particular property and how that belief led you to take possession of the item.

Note that your belief could be unreasonable or mistaken. But if your beliefs misguided you, you cannot be convicted of theft.

However, this defense cannot apply to property that is unlawfully owned, like illicit drugs. Additionally, your defense will not be accepted if you attempted to conceal your actions when the offense occurred or after the property was discovered missing.

False Accusations

There are many instances when people are falsely accused of committing serious offenses. You might have been accused wrongly by another person out of jealousy, anger, or desire for revenge. Some people accuse others of serious felonies to get back at them for some reason. If that is the case, then an experienced attorney must prove your innocence in court to have your charges dropped.

Find a California Criminal Lawyer Group Near Me

If you face criminal charges for a theft crime in Santa Ana, CA, it helps to understand California’s various types of theft crimes and their penalties. An experienced criminal attorney can help you understand the gravity of your charges and your options. He/she will also take you through the legal process and plan a solid defense against your charges. At California Criminal Lawyer Group, our team of skilled and experienced criminal attorneys will be there to ensure that your rights are protected throughout the process. Call us at 714-844-4151 and let us study the details of your case to design the best way forward.