Theft Crimes

Theft crimes are offenses wherein an individual unlawfully appropriates or utilizes another person's property without any rightful consent to permanently deprive the owner of its possession. These illicit activities involve the wrongful acquisition of diverse belongings, monetary assets, or valuables belonging to others. These offenses are addressed by various sections of California’s Penal Code, with penalties subject to variation based on the specific circumstances of each case.

Should you face charges or be the subject of a theft crime investigation, seek immediate counsel from a seasoned criminal defense attorney. Engaging legal expertise at an early stage significantly enhances the likelihood of securing the most favorable legal outcome. Contact Riverside Criminal Attorney , should you or a loved one face theft charges in Riverside.

Theft Crimes as Addressed Under California Law

California law addresses various theft crimes under various sections of the Penal Code. Distinctions among various theft crimes predominantly hinge on the unique characteristics inherent to each offense and the monetary value attached to the pilfered property. Depending on these factors, the categorization and gravity of theft crimes affect the potential penalties you risk facing upon conviction.

Here is a look at some common theft crimes addressed under the California Penal Code.  

     a) Petty Theft

Penal Code 484 addresses petty theft. Under the law, petty theft is a crime that involves taking or pilfering property, money, or assets that do not exceed $950. However, you are only guilty if the prosecution can substantiate the following specific elements of the crime:

• You assumed possession of property that rightfully belonged to another individual.
• You took the property without the owner's consent.
• When you appropriated the property, you intended to permanently deprive the owner of its rightful ownership.
• You moved the property and retained it for a period. The distance and time have no impact on the case. A jury will find you guilty even if you moved the property a short distance or held the property briefly.

Various Forms of Petty Theft

In California, various forms of theft could lead to petty theft charges. They include:

Theft by Larceny

Petty theft by larceny is a common form of PC 484 violation. Larceny is the taking and physically carrying away property belonging to another individual without obtaining their consent. The stolen items in petty theft cases typically consist of personal belongings, including:

• Clothing
• Jewelry
• Bicycles
• Appliances
• Furniture
• Electronic equipment
• Sporting gear and equipment

These items are commonly singled out due to their inherent value and ease of transport, rendering them vulnerable to theft by opportunistic individuals.

Theft By Trick

Theft by trick, also known as theft by deception or larceny by trick, involves the cunning use of fraudulent methods or deceptive tactics to acquire possession of another individual's property or belongings unjustly. A prosecutor must successfully demonstrate the following pivotal elements:

• You knowingly obtained property that rightfully belonged to someone else.
• Through deceit or fraud, you convinced the property owner to allow you to take possession of the property — Fraud under California law describes a deliberate use of deceit or cunning tricks to deprive another individual of their property or legal rights.
• When obtaining the property, you harbored the intent to either permanently deprive the owner of it or withhold it for a substantial period, causing significant loss to the owner.
• You retained possession of the property for a period of time.
• The property owner never had the intention to transfer ownership of the property to you.

Theft by False Pretense or Fraud

Theft by false pretenses or fraud involves the deliberate act of obtaining another individual's property or belongings through crafty deception or disseminating false information. In this theft, the perpetrator skillfully convinces the property owner to voluntarily surrender their possessions, money, or assets, employing deceptive tactics, misleading statements, or false representations.

Per Penal Code 532, the offense of theft by false pretenses or fraud is committed when you execute the following actions:

• Knowingly and purposely deceiving a property owner through presenting a false pretense or the utterance of untrue statements
• Persuading the owner to give you the authority to take possession of the property.
• The property owner, relying on the fraudulent pretense, willingly accedes to your request, granting you possession and ownership of the property.

Penalties if Convicted of Petty Theft

Petty theft is a misdemeanor violation. The offense is punishable by:

• A six-month jail time,
• A fine not exceeding $1,000, or both.
• Summary probation instead of jail time.

     b) Grand Theft

Unlike petty theft, grand theft is considered a considerably more severe form of theft. According to Penal Code 487, grand theft involves taking or stealing property, money, or assets valued at over $950. Notably, grand theft encompasses a broader range of scenarios, extending beyond the limits of a monetary value threshold. For instance, it covers situations where individuals directly steal property from the victim’s person. Furthermore, grand theft applies to the theft of particular items, including motor vehicles or firearms, without regard to their monetary worth.

Like petty theft, grand theft has various categories, namely:

Grand Theft By Larceny

Grand theft by larceny occurs when you physically take tangible property belonging to another individual without their consent.

The legal definition of grand theft by larceny incorporates the following crucial components:

• You took possession of property that was rightfully owned by someone else.
• You had no permission from the owner to take possession of the property.
• At the very moment you acquired the property, your intention was either:

1. To permanently deprive the owner of it, or
2. To withhold it from the owner for an adequate duration, thereby leading to a significant loss of value or enjoyment.

• You moved the property, even if the distance was exceedingly short, and maintained possession of it for any duration, however momentary.

Instances of shoplifting escalate to charges of grand theft by larceny if the value of the stolen items exceeds $950.

Grand Theft Through False Pretenses

According to Penal Code 532, theft by false pretenses is evident if the following key elements are present:

• You deliberately and knowingly deceived an individual by presenting them with false information
• You used the false pretense to obtain possession of the victim’s property.
• The individual relied on your false pretense, leading them to grant you permission to take possession and assume ownership of their property.

Grand Theft by Trick

The elements of this theft are similar to those under petty theft by trick. The differentiating issue is the value of the property in the case. Under grand theft by trick, the value exceeds $950.

Wage Theft

Wage theft is the illegal conduct of employers neglecting to provide workers with their rightfully earned wages for their labor. In California, should an employer withhold:

• More than $950 from a single employee within one year, or
• More than $2,350 from an employee and another worker during a year, the case could rise to the level of grand theft.

Consequently, the employer's deliberate retention of wages transforms from a simple wage violation into a grave criminal offense, potentially inviting grand theft charges.

Grand theft penalties can still apply to thefts involving specific property types, irrespective of their monetary worth, provided you have prior convictions for serious offenses or the conditions are met.

In California, the following situations can lead to grand theft charges, even if the value of the stolen property falls below the standard threshold of $950:

• Prior convictions — Should you possess prior convictions for sex offenses mandating registration under California's sex offender registration act or certain severe felony convictions (including rape, sexually violent crimes, murder, and child molestation), they become susceptible to grand theft charges, regardless of the value of the stolen property.

• Repeated theft from employer — Additionally, individuals can face grand theft charges if they persistently steal labor, money, personal property, or other items from their employer, with the cumulative value of the stolen goods exceeding $950 during any continuous period within one year.

Penalties if Convicted of Grand Theft

A conviction under PC 487 can result in misdemeanor or felony penalties.

If convicted on misdemeanor charges, you could face:

• Up to one year in jail, or
• Summary probation

If convicted of felony charges, you could face the following:

• Felony or formal probation with up to one year in jail
• 16 months, 2, or 3 years in jail

If the item in the case was a firearm, the penalties would escalate to:

• 16 months, 2, or 3 years in prison
• A strike on your record

     c) Receiving Stolen Property

Defined under Penal Code 496, receiving stolen property is a criminal offense that involves purchasing, obtaining, selling, or aiding in the sale or concealment of stolen property or property procured through robbery or acquired during a burglary.

The core elements that constitute receiving stolen property under PC 496 include the following:

• You obtained the property in question through theft, robbery, or burglary.
• You knew or should have known that the property in question was stolen.
• You either received, bought, sold, withheld, concealed, or offered assistance in any of these activities concerning the stolen property.

Penalties for Receiving Stolen Property

PC 496 violations are wobbler offenses. Prosecutors can pursue misdemeanor or felony charges.

A conviction on misdemeanor charges attracts the following penalties:

• Up to one year in jail
• A maximum fine of $1,000 or both
• Summary probation

On the other hand, a conviction on felony charges attracts the following penalties:

• A maximum of three years in jail
• A maximum fine of $10,000 or both
• Formal probation

     d) Embezzlement

Embezzlement is a white-collar theft crime addressed under Penal Code 503. It occurs when an individual, granted the responsibility of managing someone else's property or assets, intentionally diverts or dishonestly appropriates those resources for personal gain. Often, this happens within professional or financial settings, where the individual possesses authorized access to funds or property due to their job or fiduciary duty.

The critical elements of embezzlement include the following:

• A relationship of trust or fiduciary duty is established between the individual and the rightful owner of the property or assets.
• The perpetrator's deceptive act of converting the property to their use or advantage through fraudulent means
• The offender’s deliberate action of misappropriating or stealing the property, driven by the intent to deprive the owner of their rightful possession

Note: Prosecutors do not need to establish that the property owner explicitly requested the offender return the misappropriated assets. "Asking” is not a requirement under PC 503.

Penalties for Embezzlement

A conviction on embezzlement charges will result in penalties for petty theft or grand theft. The specific charge depends on the value and nature of the property involved in the theft or misappropriation.

In cases where the embezzlement comprises property valued at:

• More than $950,
• An automobile, or
• A firearm, the crime is grand theft.

As a consequence, you will face the following penalties:

If convicted on misdemeanor charges, you could face:

• Up to one year in jail, or
• Summary probation

If convicted of felony charges, you could face the following:

• Felony or formal probation with up to one year in jail
• 16 months, 2, or 3 years in jail

If the item in the case was a firearm, the penalties would escalate to:

• 16 months, 2, or 3 years in prison
• A strike on your record

On the contrary, if the embezzled property fails to meet the above criteria, the offense will attract penalties for petty theft. Thus, you will face the following penalties:

• A six-month jail time,
• A fine not exceeding $1,000, or both.
• Summary or misdemeanor probation

     e) Misappropriation of Public Funds

Penal Code 424 addresses the offense of embezzlement of public funds. It pertains to individuals who hold positions of authority, like officers, agents, or employees of the state, county, city, county, or any public district. According to this code, if these individuals fraudulently appropriate any public money or property, or any portion of it, for purposes unrelated to their lawful duties, they commit the crime of embezzlement.

A jury can find you guilty of misappropriating public funds if you engage in any of the following activities:

• Appropriate public funds without authority — The illegal act of taking or using public money or property in a manner that is not sanctioned or allowed by law.
• Profit from or loan public funds without authority — illegally seeking financial gain or making unauthorized loans using public money or resources.
• Refusing to transfer or pay public funds — It is an offense when a person intentionally fails to make essential payments or transfers of public money within their control, despite receiving a draft, order, or warrant from a competent authority requesting such a payment or transfer. It is also a crime to deliberately withhold money received and not remit it to the appropriate officer or legally authorized person designated to receive the funds.

• Fraudulently destroying, altering, or falsifying accounts — You commit a crime when you use deceptive practices to intentionally tamper with or manipulate financial records or accounts associated with public funds.

Penalties For Misappropriating Public Funds

A violation of PC 424 is a felony. You will face the following penalties if convicted:

• 2, 3, or 4 years in prison
• A fine not exceeding $10,000
• Formal probation

     f) Robbery

Robbery, a grave felony offense, occurs when an individual forcefully or fearfully takes personal property from someone else's immediate possession against their will. Under Penal Code 211, robbery involves three key elements:

• The perpetrator seizes or attempts to take personal property that belongs to another.
• The property is directly taken from the victim's immediate possession. This indicates that the victim was aware of the property's presence and control during the incident.
• The offender used force, fear, or intimidation to gain or retain possession of the property.
• The intent was to deprive the owner of the property's value permanently.

Robbery is either in the first or second degree.

First-degree robbery under California law occurs in specific circumstances, namely:

• The robbery of an inhabited house, trailer, or boat is classified as first-degree robbery.
• The offense qualifies as first-degree robbery if the victim is a driver or passenger of a taxi, bus, streetcar, cable car, subway, trackless trolley, or other similar transportation used for hire.
• The offense qualifies as first-degree robbery if the robbery occurs while or immediately after the victim uses an ATM.

A building, structure, or dwelling is "inhabited" if it is the residence of someone who currently lives there or has temporarily left but intends to return. This "inhabited" designation aims to protect individuals and their properties in locations where they reside or use services.

Second-degree robbery is any robbery that does not meet the first-degree threshold.

Penalties if Convicted of Robbery

First-degree robbery is a felony. Convictions result in the following penalties:

• 2, 4, or 6 years in prison,
• A fine of up to $10,000 or both
• Formal probation

If the robbery is on an inhabited structure and the defendant robbed the premises with the help of other accomplices, the penalties increase to 3, 6, or 9 years in prison.

Second-degree robbery is also a felony. Convictions result in the following penalties:

• 2, 3, or 5 years in prison,
• A fine of up to $10,000 or both
• Formal probation

     g) Burglary

Penal Code 459 defines burglary as unlawfully entering any structure, room, or locked vehicle with the specific intent to commit theft, a felony, or any other criminal activity. You are guilty of the offense if the following are true:

• You unlawfully entered a building, room, or locked vehicle without authorization.
• At the moment of entry, you harbored the intent to commit theft, a felony, or another criminal offense, and
• One of the following was true:

1. The value of the property that was stolen or intended to be stolen exceeded $950.
2. The structure you unlawfully entered does not qualify as a commercial establishment.
3. The structure was a commercial establishment. However, the entry occurred outside the premises' standard business hours.

Burglary is classified into two degrees, each carrying distinct characteristics:

• First-degree burglary, also known as residential burglary, involves the illegal entry into an inhabited dwelling, like a house or an apartment, to commit a crime therein.

• Second-degree burglary, commonly called commercial burglary, entails unauthorized entry into any structure other than an inhabited dwelling. This includes businesses, stores, offices, and locked vehicles to commit a crime inside.

Auto Burglary

Auto burglary, also referred to as car burglary or vehicle burglary, is the unlawful entry into a locked vehicle to commit theft or another criminal act.

Penal Code 459 stipulates explicitly that the car's doors (or trunk) must be locked for the crime to be considered auto burglary. Thus, altering the vehicle's physical condition, for example, by breaking into it, is necessary to face charges for auto burglary.

Penalties for Burglary

First-degree residential burglary is a felony. Convictions result in the following penalties:

• 2, 4, or 6 years in prison,
• A fine of up to $10,000 or both
• Formal probation

Second-degree or commercial burglary is a wobbler offense. Auto burglary convictions also attract second-degree penalties.

If convicted of a misdemeanor violation, you risk facing the following penalties:

• A maximum of one year in jail
• Fines of up to $1,000 or both
• Summary probation

If convicted of a felony violation, you risk facing the following penalties:

• 16 months, 2, or 3 years in jail,
• A maximum fine of $10,000 or both
• Felony probation

Find a Criminal Defense Attorney Near Me

If you or someone you know is facing charges for a theft crime, navigating the criminal justice system with an attorney is ideal. Seek the assistance of experienced legal representation to safeguard your rights and build a solid defense strategy. Our team of experienced criminal defense attorneys is readily available to guide you through the complexities of the law and advocate for your best interests.

At Riverside Criminal Attorney , our track record speaks for itself, having handled numerous successful theft crime cases. We are fully dedicated to fighting for your rights and striving to achieve the most favorable outcome for your case.

Contact us at 951-877-4204 today for a free and confidential consultation.