Sacramento Theft Crime Defense Lawyer

If you are charged with a theft crime in the state of California, a conviction can mean significant penalties. Theft crimes are covered under California’s property crime laws, and while no crime is trivialized under the law, there are varying degrees of penalties depending on a few factors: your alleged crime, any past criminal record, and any aggravating factors.

In other words, you could face stronger consequences in a felony theft case than in a misdemeanor case or have that attempted shoplifting conviction on your record expunged entirely. It comes down to building a strong theft crime defense.

Hire an experienced attorney at Law Office of Mathew Martinez to help you today! Connect with us through our online form or give us a call at (916) 318-5142.

Types of Theft Crimes

Petty Theft

Petty theft in California is legally defined as the unlawful taking of property valued at $950 or less. This includes shoplifting and other minor theft offenses. Under California Penal Code Section 488, petty theft is generally charged as a misdemeanor, which can result in penalties such as a fine of up to $1,000, imprisonment in county jail for up to six months, or both. 

Grand Theft

Grand theft in California is defined under Penal Code Section 487 as the unlawful taking of property valued over $950. This offense is considered more serious than petty theft and can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history. Penalties for misdemeanor grand theft can include up to one year in county jail, while felony convictions can lead to sixteen months, two years, or three years in state prison. In addition to monetary value, grand theft can involve theft of certain items, such as automobiles or firearms, regardless of their value. 

Robbery

Robbery in California is defined under Penal Code Section 211 as the felonious taking of personal property from another person or their immediate presence, against their will, accomplished by means of force or fear. Unlike theft, robbery involves direct interaction with the victim and the use of intimidation or physical force, making it a more severe crime. Robbery is always prosecuted as a felony, with penalties that can include two to nine years in state prison, depending on factors such as the use of a weapon or causing bodily harm. 

Building a Strong Theft Crime Defense Strategy

To build a strong defense against theft charges in California, it's crucial to understand the legal nuances and potential strategies that can be employed. 

Here are some key points to consider:

• Understand the charges: Differentiate between petty theft, grand theft, and robbery, as each has specific legal definitions and penalties. Knowing the exact charge helps tailor the defense strategy.
• Examine the evidence: Scrutinize the prosecution's evidence for any inconsistencies or weaknesses. This includes questioning the credibility of witnesses, the accuracy of surveillance footage, or the chain of custody for physical evidence.
• Intent: Theft charges often hinge on the intent to permanently deprive the owner of their property. Demonstrating a lack of intent, such as claiming the accused believed they had a right to the property, can be a viable defense.
• Mistaken identity: In cases where the accused was not caught in the act, arguing mistaken identity can be effective, especially if the evidence is circumstantial or based on unreliable witness testimony.
• Consent: If the accused had permission to take the property, this can negate the theft charge. Providing evidence of consent, such as communication records, can support this defense.