Theft, also referred to as larceny in some states, is the act or intent to permanently take/withhold a possession or right to property from an owner.
Depending on the value of the stolen property, theft may be classified as petty theft or grand theft. California Penal Code § 484-502.9, outlines both petty and grand theft.
1. Petty theft is the lesser of the two and often results in a misdemeanor charge.
In California, under Penal Code 484 & 488, petty theft refers to the stealing of property or goods valued at $950 or less. This is a misdemeanor which carries a maximum of six months in the county jail and a fine up to $1000.
Please note, under California Penal Code Section 666, if you have been convicted of petty theft in a prior case, the new petty theft violation may be charged as a felony.
2. Grand theft is the more severe of the two and can result in a felony charge.
In California, under Penal Code 487, grand theft refers to stealing of goods over $950 which constitutes a felony and exposes the defendant to a maximum of three years in county jail.
Please note that the theft of any firearm, regardless of whether it is more or less than $950 is considered grand theft and is a felony and will result in a strike on your criminal record pursuant to California’s Three Strikes Law.
Additionally, the theft of any automobile is considered grand theft and may be charged as either a misdemeanor or a felony.
Theft crimes include many different types of property, such as:
- Personal Property
- Money
- Real Property
- Valuable Labors/Services
Embezzlement
Embezzlement is often referred to as employee theft or fraud because it is often charged in connection with employment activities. Penal Code 503 defines embezzlement as unlawfully taking something from another that has been entrusted to you.
In order to be convicted of embezzlement, you must have:
- Embezzled Property
- That you legally and rightfully possessed or had authority to access.
Typically, embezzlement is punished under Penal Code 487, grand theft, if the value of the property is more than $950. It can also be punished under Penal Code 488, petty theft, if the value of the property is less than $950.
Burglary
In California, Penal Code 459 generally defines the crime of burglary as a person entering an inhabited dwelling house, residence, or commercial building with the intent to commit grand theft, petty theft, or any felony
Burglary: First Degree vs. Second Degree
Burglary is divided into two levels:
- First degree burglary, and
- Second degree burglary
First degree burglary is the burglary of an inhabited dwelling house or residence. First degree burglary carries potentially more severe punishment than second degree burglary and qualifies as a “strike” under California’s Three Strikes Law.
Second degree burglary is the burglary of all other kinds of structures. Second degree burglary is a “wobbler” and can be charged as a misdemeanor or a felony.
Punishment For Burglary
As with any crime, the potential punishment for burglary will vary based on the facts of the case
First Degree Burglary is a felony, and a conviction will result in two (2) years, four (4) years, or six (6) years in state prison, and a “strike” under California’s Three Strikes Law.
Second Degree Burglary is a “wobbler,” meaning it can be charged as either a misdemeanor or as a felony. If convicted as a misdemeanor, you may be sentenced to county jail for up to one (1) year. If convicted as a felony, you can be sentenced to county jail for sixteen (16) months, two (2) years, or three (3) years.
Shoplifting
Under California Penal Code 459.5, shoplifting is defined as entering an open business intending to commit the crime of petty theft.
Shoplifting is generally a misdemeanor, but can also be a felony under certain circumstances.
If convicted as a misdemeanor, you can be sentenced to county jail for up to six (6) months. However, if you have suffered a prior conviction for homicide, forcible sex crimes, or any crime requiring registration as a sex offender, you can be convicted of shoplifting as a felony.
In any theft crime case, the individual may face thousands of dollars in fines, a lengthy sentence in jail or prison, and years of informal probation. However, the marking of a criminal conviction on your permanent record may be the most damaging. Criminal convictions may prevent individuals from advancing both their professional and personal lives.
Facing the charges alone could make your situation worse than it has to be. A skilled theft crime lawyer will help you explore all the legal options that may be available to you, and that you may not be aware of.
Many property crimes, including almost all theft crimes, are eligible for reduced sentencing for misdemeanor charges, and even some felony charges. However, these reduced sentenced are not automatically granted, they may be requested, and in some cases, you will need a lawyer that will fight for a fair resolution in court.
Melody is prepared to help you fight for your future, whether that means securing a theft crime case dismissal or an alternative sentence that minimizes the damage. Melody personally prepares every case for trial to ensure that she is prepared to help secure the best possible outcome!
18653 Ventura Blvd, Suite 245
Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
