Have You Been Charged with Stealing? Learn More about Your Rights
Broadly defined, theft offenses are crimes that cover a variety of activities that involve stealing. Therefore, the crimes, under this category, may include criminal activities, such as identity theft (credit card fraud), burglary, shoplifting, or embezzlement. As a result, anyone charged with a theft crime may be subject to varying fines or penalties, depending on the nature of the activity and how much was stolen. Justia.com defines theft crimes as activities where the property is taken without an owner’s consent, which are done to deprive the owner permanently of what they rightfully own.
Larceny
Sometimes lawmakers use the words larceny and theft interchangeably, which adds to some confusion. Larceny is considered a non-violent theft crime that involves shoplifting, pick-pocketing, or taking an item without using fraud or physical force.
Theft By False Pretenses
Theft by pretenses involves taking another person’s property or store’s goods under pretenses or through deceitful practices.
Embezzlement
Embezzlement covers theft offenses where the original use and possession of a property is legal but is later converted to illegal use. For example, a bookkeeper who keeps track of an employee’s financial records may “adjust” the records so they can steal money from the business for their personal use.
Specific Examples of Theft Offenses
The law in California lists examples of theft offenses that are helpful to know. Some defendants in theft crimes have stolen goods and services without understanding the seriousness of the activity. Below are examples of theft-related activities:
- Neglecting to return property that is leased or rented
- Falsifying contact details to sell items to a pawnbroker
- Diverting money, illegally, for labor, services, or materials
- Defrauding a program for public housing
- Unlawfully using a credit or debit card (usually using identity theft)
- Taking lost property without following reasonable measures to locate the property’s owner
Legal Penalties and Fines for Theft Offenses
Like other states in the US. California categorizes its theft crimes as the total amount of money or property taken. To calculate the amount, the law uses the fair market value of the goods stolen or the usual contract price or normally charged wages for services (according to California’s Penal Code § 484). Therefore, when it comes to the value of the property that is stolen, the laws divide theft offenses under the classifications of petty theft and grand theft.
Petty Theft
Petty theft covers the stealing of property that is valued at up to $950. Most of the crimes are considered misdemeanors and carry fines, up to $1,000, or a sentence, of up to 6 months in jail. If the stolen property’s value is no more than $50 in value, the defendant may be charged with an infraction. This is usually done if the litigant has not had a prior theft conviction. Fines for infractions are imposed for amounts up to $250.
A Petty Theft Charge with a Prior Conviction
A person charged with petty theft, who has been charged with petty theft or a more serious crime in the past, may receive a felony/misdemeanor charge known as a wobbler. According to Cornell Law School’s Legal Information Institute (LII), a wobbler is based on an elastic standard of sentencing. In California, a wobbler is considered a felony unless the court uses its discretion to enforce a misdemeanor punishment. The US Supreme Court supports this stance so litigants receive sentencing that is a fair punishment for their part in a crime that, without a prior, is considered a misdemeanor offense.
Therefore, a wobbler can be punishable under the rules established for a felony crime or misdemeanor offense. If convicted, a defendant may spend time in the county jail, in state prison, or a federal penitentiary. They will usually pay a fine consistent with their charged offense. A prior conviction may represent a former theft-related conviction, with time served, or a more serious crime, such as embezzlement from a vulnerable or elderly adult, or the commission of a sex-registered offense. While a misdemeanor sentence, in this case, covers a county jail term up to a year, a felony may cover incarceration for 1.5 years, 2 years, or 3 years.
Grand Theft
Grand theft involves the theft of property that has a value of over $950. It may also include stealing a firearm of any value. A charge of grand theft is also a wobbler. and, therefore, is considered a misdemeanor or felony, depending on the circumstances and a crime’s severity.
Looting
Anyone who loots, or steals products, during a state of emergency, may be charged with petty theft or grand theft. Looting penalties all carry a minimum jail sentence. However, these penalties may be reduced if the court finds it is in the best interests of justice.
Shoplifting vs. Burglary Theft Offenses
Shoplifting is defined as a theft that occurs when someone enters a store and steals property valued up to $950. The misdemeanor crime is punishable by up to 6 months of jail time. Any other entry into a commercial establishment with the intended purpose to steal property is defined as a burglary.
Civil Penalties for Shoplifting
Besides being a criminal offense, shoplifting also carries civil penalties. Therefore, an offender may also be financially liable to the owner of a store. A defendant charged with shoplifting may also have to pay the following:
- A merchandise’s retail value, if the property cannot be resold
- Damages between $50 to $500
- The expenses associated with filing the action
If a shoplifter is underage, their parents or legal guardian are responsible for restitution.
Contact an Experienced Criminal Defense Lawyer
Theft offenses and laws vary, depending on the amount stolen and the circumstances surrounding a crime. To ensure a successful outcome in your case, contact a lawyer right away. In California, find out more about your rights by speaking to the criminal defense attorney, Jance Weberman. Or call the firm at (213) 386-9100 anytime.