San Diego Theft Attorney

Theft ranges from everything from shoplifting to embezzlement to armed robbery. Likewise, the penalties for each crime vary. But remember, just because you are charged with the crime doesn’t mean that you are guilty. You need an experienced San Diego theft attorney with The Law Office of Elliott Kanter. Our lawyers know how to protect your rights. Fight for your rights. Contact The Law Office of Elliott Kanter for a no-cost, no-obligation consultation.

Types of Theft

The crime of theft, which is also known as larceny, varies. The California Penal Code 484 defines what constitutes theft and also describes many different kinds of theft. The legal definition of theft is an offense committed by those who “steal, take, carry, lead, or drive away from the personal property of another” ( CPC 484). The different types of theft are divided into two categories, petty theft, and grand theft. Some of the most common are summarized below. Charges for the crime of theft may include:

• Petty Theft – Petty theft is taking money or property under the value of $950. It is a misdemeanor. Petty theft does not involve entering someone’s private property.
• Grand Theft – Grand theft generally consists of the robbery of something of value over $950, whether it is money, labor, or property. Grand theft is punishable by up to a year in prison. You could be charged with a misdemeanor or felony, depending on circumstances.
• Embezzlement – Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted.
• Robbery – Robbery is the crime of taking or attempting to take something of value by force or threat of force and/or by putting the victim in fear.
• Armed Robbery – The instant a gun is used during a theft, the penalties are much higher.
• Fraud – Fraud is an intentional deception made for personal gain or to damage another individual.
• Shoplifting – Shoplifting is the theft of goods from a retail establishment. It is one of the most common property crimes dealt with by police and courts.
• Receiving Stolen Property – It’s a crime to receive property that you know is stolen.
• Passing Bad Checks – Check fraud refers to a category of criminal acts that involve making the unlawful use of checks in order to illegally acquire or borrow funds that do not exist within the account balance or account holder’s legal ownership.
• Car Theft – Car theft is the criminal act of stealing or attempting to steal a motor vehicle, including an automobile, truck, bus, coach, motorcycle, snowmobile, trailer, or any other motorized vehicle.

There is also identity theft, but this is considered a white-collar crime. If you have been charged with any of these crimes, contact a criminal defense attorney at one of the top law firms for legal advice as soon as possible after you have been arrested.

California Shoplifting Charges

Shoplifting offenses are common in the state of California, but they should never be taken lightly. A shoplifting charge is considered petty theft in California.  Petty theft is defined as the theft of goods valued at less than $950.

California shoplifting (petty theft), can lead to fines and jail time. It is stated in the California Penal Code 490:

“Petty theft is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment  in the county jail not exceeding six months or both.”

Crimes of Moral Turpitude

Shoplifting and petty theft crimes are in a special class called “crimes of moral turpitude” meaning they are “crimes involving dishonesty”.   For a potential employer, this is a major red flag.  If a theft conviction is on your record, it is going to make it very difficult to secure employment in the future, especially in today’s tough job market where there are many applicants for just one open position.

Many employers will automatically disqualify a person with a recent theft conviction because it is a “crime of moral turpitude”. If you are convicted, this can keep you from getting a professional license such as one for a real estate agent or bank employee, or even a security clearance.

If you are not a U.S. citizen, a petty theft conviction, whether as an infraction, misdemeanor or felony can be considered a “crime of moral turpitude” by the US Federal Government that can cause a denial of Permanent Residency status, Deportation or Denial of Entry into the US.

If you are facing a California shoplifting charge, it is important for you to contact a law firm to get the best possible result in court to minimize your damage. Because you may be facing prison time and hefty fines, it is vital that you get in touch with an experienced San Diego criminal defense lawyer immediately. Remember that any criminal charge is serious and can result in a permanent criminal record that can follow you for the rest of your life.

Fighting Theft Charges

There are many factors in a case, including intent. You could, in fact, be innocent. Maybe you accidentally walked out and forgot to pay. Perhaps you were preoccupied with tending to your children. If you were not intending to steal, we’ll try demonstrating it. If this is your first offense, a lawyer may be able to negotiate the charges down if you commit to performing community service. The simple truth is that in order to convict, the opposition must prove every fact of the case. We know the best strategies and ways to challenge the evidence presented against you.

Hiring A Theft Defense Attorney

Our attorneys have over 40 years of experience defending clients in criminal cases. Some of our practice areas include assault and battery, probation, juvenile crimes, DUI, drug possession, burglary, domestic violence, theft, sex crimes, elder abuse, and drug crimes. Give us a call today for defense against theft. You need representation from an experienced theft attorney Elliott Kanter. Give The Law Office of Elliott Kanter a call today or fill out the form on this website for a free consultation with an attorney in San Diego. During your no-cost consultation, we will answer questions about your case and discuss how we may be able to get your charges reduced or dismissed.