In the United States, theft offenses are taken very seriously. This is because many people work incredibly hard for their money and subsequent belongings, so the law seeks to punish those who take what does not belong to them. As such, if you have been charged with a theft offense in California, it’s in your best interest to keep reading to explore your legal options and learn more about the potential defenses you may be able to utilize with the assistance of a Contra Costa theft crime lawyer.
What Constitutes a Theft Charge and What Penalties Can I Face?
First and foremost, it’s important to understand what constitutes a theft offense in California. However, there are several different types of theft you can face charges for that fall under the general umbrella of larceny. These crimes, like shoplifting or embezzlement, can range from misdemeanors to felonies. In this blog, we will look at grand and petty theft, which involve the stealing of personal property. Typically, a primary element of theft is the intent to permanently deprive the owner of the property, or for a long enough period that they lose the value of the item.
In California, you can face a petty theft charge if you take property valued at less than $950. This is a misdemeanor offense that carries up to six months in county jail and/or a fine of up to $1,000.
Grant theft, on the other hand, is generally a more serious offense as the value of the items or goods stolen increases. As such, if you are charged with this offense, it means that you stole items valued at or over $950. This crime is charged as a “wobbler” offense, meaning it can be a misdemeanor or felony depending on the different factors of the crime. If convicted of felony grand theft, you can face up to 3 years in jail and up to $5,000 in fines.
Are There Any Potential Defenses I Can Use?
While theft may seem indefensible in a court of law, it’s critical to understand that your attorney can examine your circumstances to determine the best possible defense. Generally, one of the most common defenses is that the theft was accidental. For example, you may be accused of taking another person’s laptop. However, if you show that you have the same model and were working in the same area as the other person, you may be able to show that this was an accident.
In addition, you may have proof that you were given permission by the owner to take the property. If you have evidence like texts, voicemails, or even eyewitness accounts, it can help you avoid charges.
Finally, if you have a genuine and reasonable belief that the property is yours, such as a receipt or proof of sale, you may be able to evade charges, even if the property is not yours.
As you can see, theft charges in California can be incredibly difficult to navigate, which is why it’s in your best interest to connect with an experienced attorney with O’Connor Law APC. We will examine your circumstances to help you fight for the best possible outcome for your case. Contact us today to learn more.
