Theft Laws in California: Practical Advice, Compensation, and Legal Strategies from a Criminal Defense Attorney

Understanding Theft Laws in California: A Comprehensive Guide

Theft, in its simplest form, is the unlawful taking of someone else's property. However, California law distinguishes between various types and degrees of theft, each carrying different penalties and legal implications. This article, crafted with insights from a seasoned California criminal defense attorney, provides practical advice, explores potential compensation avenues, and outlines strategic legal approaches for those facing theft charges in the Golden State.

Types of Theft in California

California Penal Code outlines numerous theft-related offenses. Understanding the specific charge is crucial to building an effective defense.

Grand Theft

💰 Grand theft generally involves property valued at $950 or more. It can also include theft of specific items like firearms, cars, or certain agricultural products regardless of value. Penalties for grand theft can range from misdemeanor to felony charges, impacting sentencing severely.

Potential Penalties:

• Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
• Felony: 16 months, two, or three years in state prison, and a fine of up to $10,000.

Petit Theft

🛍️ Petit theft involves property valued under $950. It's generally charged as a misdemeanor.

Potential Penalties:

• Misdemeanor: Up to six months in county jail and a fine of up to $1,000.

Burglary

🏠 Burglary involves entering a structure with the intent to commit theft or any felony. The severity of the charge depends on the type of structure entered. First-degree burglary involves entering a residence, while second-degree burglary involves entering any other type of structure.

Potential Penalties:

• First-Degree Burglary (Residential): Two, four, or six years in state prison.
• Second-Degree Burglary: Up to one year in county jail.

Robbery

🚨 Robbery involves taking property from another person's immediate presence against their will using force or fear. It is always a felony.

Potential Penalties:

• Two, three, or five years in state prison. The sentence can be increased if the victim is seriously injured or a weapon is used.

Embezzlement

💼 Embezzlement involves the fraudulent appropriation of property by a person to whom it has been entrusted. The value of the embezzled property determines whether it's charged as grand theft or petit theft.

Potential Penalties: Same as Grand Theft and Petit Theft, depending on the value of the property.

Shoplifting

Shoplifting, under California Penal Code 459.5 PC, involves entering a commercial establishment with the intent to commit theft of property valued at $950 or less. Since Proposition 47, it is generally charged as a misdemeanor.

Potential Penalties:

• Misdemeanor: Up to six months in county jail and a fine of up to $1,000.

Defenses Against Theft Charges

Facing theft charges can be daunting, but numerous defenses can be employed depending on the specific circumstances of the case. A skilled criminal defense attorney can evaluate the evidence and build a strong defense strategy.

• Lack of Intent: The prosecution must prove you intended to permanently deprive the owner of their property. If you genuinely believed the property was yours or had no intention of keeping it, this can be a valid defense.
• Mistake of Fact: If you mistakenly believed you had the right to possess the property, this could negate the intent element of the crime.
• False Accusation: Sometimes, individuals are falsely accused of theft due to misunderstandings, personal vendettas, or mistaken identity.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence is weak or circumstantial, a skilled attorney can challenge its validity.
• Entrapment: If law enforcement induced you to commit a crime you wouldn't have otherwise committed, this could be grounds for an entrapment defense.

Practical Advice for Those Accused of Theft

⚠️ If you are accused of theft in California, it is crucial to remain silent and immediately seek legal counsel. Do not attempt to explain the situation to law enforcement without an attorney present. Any statements you make can be used against you in court.

• Hire an Experienced Attorney: A qualified California criminal defense attorney can assess the charges, investigate the facts, and advise you on the best course of action.
• Gather Evidence: Collect any evidence that supports your defense, such as receipts, witness statements, or surveillance footage.
• Cooperate with Your Attorney: Be honest and forthcoming with your attorney. They need all the information to build the strongest possible defense.
• Avoid Social Media: Refrain from posting about the case on social media. Anything you post can be used against you.
• Understand the Legal Process: Educate yourself about the California criminal justice system to understand your rights and the procedures involved.

Compensation for Victims of Theft

If you are a victim of theft in California, you may be entitled to compensation for your losses. There are several avenues to pursue restitution:

Restitution from the Offender

The court can order the offender to pay restitution to compensate you for your financial losses resulting from the theft. This can include the value of the stolen property, medical expenses (if any), and lost wages.

Civil Lawsuit

You can file a civil lawsuit against the offender to recover damages. This may be appropriate if the offender is not convicted in criminal court or if your losses exceed the amount of restitution ordered.

Insurance Claims

If you have insurance coverage (e.g., homeowners, renters, or business insurance), you can file a claim to recover your losses. Your insurance company may then pursue subrogation against the offender to recover the payments they made to you.

California Victim Compensation Board

The California Victim Compensation Board (CalVCB) provides financial assistance to victims of violent crimes, including theft-related crimes that result in physical injury or emotional trauma. CalVCB can help cover medical expenses, mental health counseling, lost wages, and other related costs.

Legal Strategies for Theft Cases in California

A skilled criminal defense attorney will employ various legal strategies to defend against theft charges. These strategies are tailored to the specific facts of each case and may include:

• Negotiating a Plea Bargain: An attorney may negotiate with the prosecutor to reduce the charges, dismiss the case, or obtain a more lenient sentence in exchange for a guilty plea.
• Filing Motions to Suppress Evidence: If the police obtained evidence illegally (e.g., through an unlawful search or seizure), an attorney can file a motion to suppress the evidence, which may weaken the prosecution's case.
• Presenting an Alibi: If you have a credible alibi (i.e., evidence that you were somewhere else when the theft occurred), an attorney can present this evidence to the court.
• Challenging the Prosecution's Witnesses: An attorney can cross-examine the prosecution's witnesses to challenge their credibility and expose any inconsistencies in their testimony.
• Presenting Expert Testimony: In some cases, expert witnesses may be needed to explain complex financial transactions, forensic evidence, or other technical matters.
• Restitution and Mitigation: If guilt is admitted, proactive restitution to the victim can significantly influence the judge during sentencing, potentially leading to reduced penalties or alternative sentencing options like community service. Highlighting mitigating circumstances, such as lack of prior criminal record or personal hardship, is crucial.

The Impact of Proposition 47 on Theft Laws

Proposition 47, passed in California in 2014, significantly altered the landscape of theft laws. It reclassified certain non-violent property crimes as misdemeanors instead of felonies, reducing penalties and allowing many individuals previously convicted of felonies to petition for reclassification of their sentences.

Key impacts of Proposition 47:

• Reduced many drug possession and property crimes, including theft, to misdemeanors if the value of the property involved was $950 or less.
• Allowed individuals previously convicted of felonies for these crimes to apply for resentencing, potentially reducing their sentences or releasing them from prison.
• Aimed to reduce prison overcrowding and redirect resources to crime prevention and rehabilitation programs.

Record Expungement and Sealing

Even after serving a sentence for a theft crime, the conviction can continue to impact your life. California law allows for record expungement (dismissal) in many cases, which can help you secure employment, housing, and other opportunities.

Benefits of expungement:

• Allows you to legally answer "no" to questions about your criminal history on most job applications.
• Can improve your chances of obtaining professional licenses.
• May make it easier to rent an apartment or purchase a home.

Eligibility for expungement depends on factors such as the type of offense, completion of probation, and absence of new criminal charges. An attorney can help you determine your eligibility and guide you through the expungement process.

Alternative Sentencing Options

Depending on the circumstances of the case and the defendant's criminal history, California courts may offer alternative sentencing options to incarceration.

• Probation: Allows the defendant to remain in the community under supervision, subject to certain conditions.
• Community Service: Requires the defendant to perform unpaid work for a non-profit organization or government agency.
• Restitution: Requires the defendant to compensate the victim for their losses.
• Drug Treatment: May be offered as an alternative to incarceration for defendants with drug addiction issues.
• Mental Health Treatment: May be offered as an alternative to incarceration for defendants with mental health issues.
• Work Furlough: Allows the defendant to maintain employment while serving a jail sentence.
• Electronic Monitoring: Requires the defendant to wear an electronic bracelet that tracks their location.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.