Theft Crimes

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San Fernando Theft Crimes Lawyer

Petty Theft

In California, petty theft under Penal Codes 484 & 488 is committed when a person steals the property of another, and the value of the stolen property is $950 or less. 

Criminal Penalties

Petty theft is a misdemeanor criminal charge. You can be sentenced to Los Angeles county jail for up to six (6) months if convicted of petty theft crime.

Grand Theft

In San Fernando Valley, California, grand theft under Penal Code 487 is committed when:

  • a person takes money, labor, or real or personal property from another, and
  • the value of the theft exceeds $950.

Criminal Penalties

Grand theft is a “wobbler” charge, meaning it can be charged as either a misdemeanor or a felony. If convicted of a felony charge, you can be sentenced to county jail for sixteen (16) months, two (2) years, or three (3) years, and if convicted of a misdemeanor charge, you can be sentenced to Los Angeles County jail for up to one (1) year.

Robbery Criminal Charges

In San Fernando Valley, California, robbery under Penal Code 211 is:

  • the taking of personal property from the victim or the victim's immediate presence
  • the property was taken against the victim's will,
  • the taking was accomplished by force of fear
  • the taking was with the specific intent to deprive the victim of the property

Larceny: First Degree vs. Second Degree

Larceny is divided into two levels: 

  • First-degree larceny
  • Second-degree larceny

A larceny is considered a first-degree charge when there is a:

  • robbery of driver or passenger of a bus, taxi, streetcar, cable car, or other vehicle used for transportation,
  • stealing taking place in an inhabited dwelling or structure
  • stealing of any person while using an ATM or immediately after the person using an ATM and still in the vicinity of the ATM

All other kinds of larceny are second-degree charges.

Stealing Criminal Penalties

A robbery is always a felony, and the consequences depend on which degree of larceny you are ultimately convicted of. A conviction of first-degree larceny will result in three (3) years, four (4) years, or six (6) years of state prison.

Note: If you are convicted of first-degree larceny of an inhabited dwelling and the larceny was committed in concert with two or more other people, your conviction will result in three (3) years, six (6) years, or nine (9) years of state prison.

A conviction of second-degree larceny will result in two (2) years, three (3) years, or five (5) years of state prison.

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Shoplifting Criminal Charges

In San Fernando Valley, California, grand theft under Penal Code 487 is committed when a person enters a commercial establishment with the intent to steal, the retail establishment is open during regular business hours, and the value of the property stolen exceeds nine hundred fifty dollars ($950).

Criminal Penalties

Shoplifting is generally a misdemeanor but can also be a felony under some circumstances. If convicted of a misdemeanor crime, you can be sentenced to county jail for up to six (6) months. 

However, suppose you have suffered a prior conviction for homicide, forcible sex crimes, or any crime requiring registration as a sex offender. In that case, you can be convicted of shoplifting as a felony.

Burglary

In San Fernando Valley, 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 larceny, petty larceny, or any felony

Burglary: First Degree vs. Second Degree

Burglary is divided into two levels:

  • First-degree burglary is the burglary of an inhabited dwelling house or residence.
  • Second-degree burglary is the burglary of all other kinds of structures.

Burglary Criminal Penalties

First-degree burglary is a felony, and a conviction will result in two (2) years, four (4) years, or six (6) years of state prison.

Second-degree burglary is a “wobbler”, meaning it can be charged as either a misdemeanor or as a felony.

If convicted as a felony, you can be sentenced to county jail for sixteen (16) months, two (2) years, or three (3) years.

If convicted as a misdemeanor, you can be sentenced to county jail for up to one (1) year.

Types of Theft and Robbery Offenses

What Are the Different Types of Theft And Robbery Offenses In California?

California has many thievery crimes, including petty larceny, grand larceny, burglary, shoplifting, embezzlement, and robbery. Some charges, such as robbery, can further be divided into degrees. For example, 1st-degree stealing is much more severe than 2nd-degree thievery. One of the most damaging things in thievery cases is the unshakeable stigma of being labeled a convicted burglar. Many individuals I represent are young and may have stolen something relatively minor several years prior. However, unfortunately, most employers continue to be wary of hiring an individual who has been convicted of any larceny crime. As a result, it can be challenging for that person to obtain employment or career advancement.

In all larceny cases, as is the same for all criminal cases, one of the most significant issues is restitution. Restitution requires the victim to be made whole again after the incident. For example, if the theft was proven to be worth $3,000 and that amount has not been recovered, a Court will order an individual to pay full restitution back to the alleged victim. Even if probation is completed and the person has completed all his other obligations, so long as reimbursement has not been made in full, courts will generally exclude the person from getting their theft record expunged (cleared).

For more information on the different types of larceny and stealing offenses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 722-8793 today.

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