PROPERTY CRIMES

A person charged with the property crime of theft is alleged to have unlawfully taken the property of another with the intent to permanently deprive the owner of the property. In California, there are a variety of crimes that are considered “theft”:

Some of these theft offenses are charged in California depending upon the value of the items taken: (petty theft under $400, or grand theft over $400.00), their location: (burglary, shoplifting), how the theft is accomplished: (extortion or fraud), the proximity to the victim:(robbery, car jacking) by relationship to the victim (embezzlement) or to the type of item stolen: (auto theft, computer access theft or identity theft for credit cards etc.).

 

Theft offenses are generally classified as either petty theft or grand theft. Grand theft may be classified as either a felony or a misdemeanor and is punishable by up to one year in county jail or term in state prison. Petty theft is classified as a misdemeanor and is punishable by fine or imprisonment in the county jail for up to six months. There are numerous State laws that have been designed to harshly penalize any person who is found guilty of theft related crimes.  Only a skilled California defense attorney experienced in defending theft crimes can advise you of your potential penalties. 

 

A conviction for any theft offense, even a minor one such as shoplifting or insufficient funds, may have serious adverse consequences beyond fines and jail or prison. It may adversely impact your future employability or permanently affect your professional licensing and career. If you have been charged with a theft crime, you should take it very seriously and obtain professional legal advice as soon as possible.  Contact our office today for a free initial consultation.

 

Burglary vs. Robbery

 

These two theft crimes often get confused. A person who breaks into a home, business or locked car to steal is committing burglary.  A person who steals from another person directly by force (like a purse snatch) or by fear (threats or by using a weapon) is committing a robbery.  California Penal Code §211 defines robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”  Robbery is also considered a violent crime because it involves the use or threat of force against a person.

 

Burglary is the crime of breaking and entering a building with intent to steal something or commit another crime while on the premises. As a result, California Penal Code §459 provides that the prosecution need only prove that the offender intended to steal something or commit a felony.

 

It is important to understand that both robbery and burglary are considered felony charges. Felonies are the most serious criminal offenses and can result in stiff penalties. If you have been charged with robbery or burglary, you should take it very seriously and obtain professional legal advice as soon as possible. 

 

 

Jeffrey D. Stulberg • A Law Corporation
1042 Palm Street, Suite 204, San Luis Obispo, CA 93401
Ph: (805) 544-7693 • Fax: (805) 544-7006
stulberglaw@gmail.com