Theft charges can range from petty theft or shoplifting involving $5.00 worth of merchandise to auto theft to grand theft (theft of over $950.00) to embezzlement by an employee of tens of thousands of dollars. Proper handling of a theft case often involves obtaining a psychological evaluation and payment of restitution. Orange County Criminal Attorney knows how to handle theft cases and what steps need to be taken to properly defend you and protect your rights in the future.
California Penal Code section 488/490 define PETTY THEFT as the theft of merchandise or property with a value of less than $950.00 a misdemeanor.
Penal Code section 487(a) defines GRAND THEFT as theft of over $950.00 a felony “wobbler” (an offense which may be charged as a felony or misdemeanor).
Penal Code section 496(a) referred to as RECEIVING STOLEN PROPERTY, prohibits the sale, possession, and/or concealment of stolen property.
Penal Code section 459 defines BURGLARY as entering a building with the intent to commit theft or another felony. If the building is an apartment, condo, or house, the criminal offense is called Residential Burglary or Burglary of an Inhabited Dwelling and is classified as a serious felony or “strike” under California’s Three Strikes Law.
Penal Code section 211 defines ROBBERY as the taking of personal property from a person by means of force or fear. Robbery is considered to be both a “violent felony” and a “serious felony” making it a “strike” under California’s Three Strikes Law.
Case law in California has held that a simple misdemeanor shoplifting case becomes a robbery if the suspect uses force or fear to keep the property and/or flee when confronted by store security or loss prevention officers.
If you are facing theft charges, please call Orange County Criminal Attorney to schedule a free confidential consultation and case evaluation.
