A Larceny Conviction Could Change Your Life Forever
Theft (also referred to as larceny) is the intentional removal of another person’s property from their possession. It takes a variety of forms and generally refers to taking another person’s property, money, or the value of a service. It can also take the form of failing to return property that has been lent by the owner.
Understanding Theft Crimes in California
- Petty Theft Explained—This is the unlawful taking of property valued at less than $950. Petty theft is punishable by a fine of $1,000, six months of imprisonment, or both.
- Grand Theft Overview—This is the unlawful taking of property valued at greater than $950. Grand theft is punishable by one year in jail, though it can be as many as three if you are convicted of felony grand theft.
Common Theft Crimes in California
- Shoplifting Statistics—Shoplifting, outlined in Penal Code 459.5, refers to entering a commercial establishment during business hours with the intent to steal property worth $950 or less. Generally charged as a misdemeanor.
- Burglary Insights—Burglary, governed by Penal Code 459, involves unlawfully entering a structure with the intent to commit theft or another felony. It is classified into:
- First-Degree Burglary: Involving a residential property, charged as a felony.
- Second-Degree Burglary: Involving a commercial property, charged as a misdemeanor or felony.
- Robbery Break Down—Robbery under Penal Code 211 is defined as taking property from another person’s immediate possession through force or fear. It is always charged as a felony.
- Understanding Embezzlement—Embezzlement, outlined in Penal Code 503, occurs when someone unlawfully takes property entrusted to them, such as money or assets belonging to an employer.
Penalties for Theft Crimes in California
The consequences of a theft crime conviction vary depending on factors such as:
- The value of the stolen property.
- The nature of the theft (e.g., use of force, intent, or type of property).
- The defendant’s criminal history.
Potential Penalties Explained
- Incarceration Risks: Sentences can range from months in county jail to years in state prison.
- Fines and Restitution Obligations: Offenders may be required to pay significant fines and reimburse victims for their losses.
- Probation Opportunities: In some cases, defendants may be eligible for probation with conditions such as community service, counseling, and regular check-ins with a probation officer.
- Long-Term Record Impact: A theft crime conviction can result in a criminal record that affects employment, housing, and other opportunities.
An experienced Orange County theft defense lawyer will work to mitigate these penalties, explore alternatives to incarceration, and protect your long-term interests.
Alternatives to Incarceration for Theft Crimes in CA
For eligible defendants, California offers programs and sentencing alternatives aimed at rehabilitation rather than punishment. These options may include:
- Diversion Programs for First-Time Offenders: First-time offenders may qualify for programs that allow them to avoid a conviction by completing specific requirements, such as community service or counseling.
- Probation as an Alternative: In some cases, probation may be an alternative to jail time, with conditions tailored to the nature of the offense.
- Restitution Agreements Benefits: Paying restitution to the victim can sometimes lead to reduced charges or penalties.
Why You Need Legal Representation for Theft Charges
Theft crime charges can have life-altering consequences, and navigating the legal process on your own can be overwhelming. As your Orange County theft defense lawyer, attorney Kim can:
- Analyze the details of your case to identify weaknesses in the prosecution’s evidence.
- Negotiate with prosecutors to reduce charges or secure a favorable plea agreement.
- Represent you in court to ensure your rights are upheld and your side of the story is heard.
Whether you are facing a misdemeanor petty theft charge or a felony burglary accusation, having strong legal representation can make a significant difference in the outcome of your case.
If you have been accused of theft or have reason to believe you might be, get in touch with an experienced criminal defense attorney at the Law Offices of Christian Kim right away. We have been protecting accused persons since 2007 and have the knowledge and experience to help you fight for your best outcome.
Call (714) 576-2935 or fill out this online form today to request a consultation and learn how we can help.
