Pitman Law Firm
DUI AND CRIMINAL DEFENSE ATTORNEY
Free Consultation
818-797-4465
JUSTIN@PITMANLEGAL.COM
THEFT CRIMES
Theft crimes cover numerous charges and can have serious consequences, including jail or prison time. A lawyer can help you understand the nature of the charges, potential consequences, and possible defenses.
Larceny
Larceny is the taking of property that does not belong to you with the intent to deprive the owner of it. Most theft crimes fall under this definition, facts of the case will dictate whether it will be classified as one of the crimes listed below. The maximum penalty for larceny is six months in jail.
​
Petty Theft (Penal Code Section 484, 488, and 490.2)
Petty theft is the stealing of property worth $950 or less. This charge is a misdemeanor with a maximum penalty of six months in jail.
​
Grand Theft (Penal Code Section 487)
Grand theft is the stealing of property worth more than $950. This charge is a "wobbler" which means it can be charged as a misdemeanor or felony. However, generally, it is charged as a felony with a maximum penalty of three years in county jail.
-PC487​​​​​​
Shoplifting (Penal Code Section 459.5(a))
Shoplifting is the entering of a commercial establishment, while it is open for business, with the intent to commit a theft, where the value of the product does not exceed $950. This charge is also a "wobbler." Generally, the prosecutor will charge a first-time offense as a misdemeanor, unless the facts justify a felony charge. Any second time or subsequent charge, or if the accused has a previous felony conviction, this charge is generally filed as a felony. For a misdemeanor, the maximum penalty is six months in county jail. The maximum penalty for a felony is three years in county jail.
​
Burglary (Penal Code Section 459)
Burglary is discussed extensively on another page, click this link to be taken to the burglary page. (Burglary)
​
Robbery (Penal Code Section 211)
Robbery is discussed extensively on another page, click this link to be taken to the robbery page. (Robbery)
​
Embezzlement (Penal Code Section 503)
Embezzlement is defined as the taking of property that was entrusted to a person that belongs to another person. Generally, this happens between an employer and employee, which is why it is generally referred to as "employee theft." The maximum penalty for Embezzlement will be determined by the value of the property taken. For property under $950, the maximum penalty is six months in county jail, for property over $950, the maximum penalty is three years in county jail. However, this is an extra penalty that is not listed in the law. In the future, any job you apply for that does a background check will see the embezzlement conviction in your record. This will make any future employment difficult if not impossible to obtain.
Defenses
Due to the specific intent nature of theft crimes, there are a few defenses against a theft crime allegation. To be guilty, one of the things the prosecution must prove is the intent to permanently deprive someone of their property.
​
Actual Ownership
If you can show you actually owned the property there is no theft.
​
Mistake​
If you had a genuine mistaken belief that the property was yours, there was no intent to deprive someone of their property​
​
Lack of Intent
If you did not intend to take the property or deprive the owner of it, there is no theft. ​
​
Good Faith Belief in The Right To The Property
This generally applies to embezzlement. If the accused can show a reason why they would have a good faith belief that they had a right to the property or use of the property, there is no embezzlement. ​
​
Getting a Defense Attorney
Conviction of a theft crime has the potential of losing your freedom. It also has the lasting effect of tarnishing your reputation which can lead to issues obtaining employment in the future, applying for professional licensing or even getting a place to live. Do not go against a trained prosecutor alone. Contact The Pitman Law Firm, your Encino Theft Crime Defense Firm, with years of experience working at the the District Attorney's Office and practicing criminal defense, we can help you.