Theft and Shoplifting Defense
An allegation of theft and shoplifting can have a devastating impact on your livelihood and reputation. A theft crime, petty theft, grand theft, grand theft auto and shoplifting is a crime that involves the taking of another’s property without their permission or knowledge, with the intention of permanently depriving him or her of their property. Whether you acted on a dumb or desperate impulse or accidentally left a store without paying for an item you intended to purchase, an experienced and skilled Newport Beach criminal defense lawyer can help you build an aggressive and successful defense to your shoplifting/theft charges.
Understanding the Crime and Potential Consequences:
Petty Theft
A first time offense of misdemeanor petty theft can lead to serious penalties including jail time of up to 6 months. Penal Code Section 484 and 488 defines petty theft as the stealing of property valued up to $950. While petty theft is a misdemeanor under Penal Code Section 666(a), if you have been convicted of three prior petty thefts and you served jail or time for all three convictions a subsequent petty theft can be charged as a felony. Petty theft with a prior carries a penalty of up to one year in county jail or 16 months, 2 years, or 3 years in state prison. If you have a prior “strike” conviction the law requires only one prior petty theft conviction of the next petty theft to be charged as a felony.
Grand Theft
Grand theft is a more serious charge and involves the taking of property valued in excess of $950. Penal Code 487 is a wobbler and the prosecutor may file the charges as a misdemeanor of felony. A conviction of grand theft may result in a sentence of up to 1 year in county jail or 16 months, 2 years or 3 years in state prison.
Grand Theft Auto
Grand theft auto is the theft of an automobile. California Vehicle Code 10851 is a wobbler and may be filed as a misdemeanor or felony. Grand theft auto carries a penalty of up to 1 year in the county jail or 16 months, 2 years or 3 years in state prison.
In some instances, an experienced theft attorney may be able to get felony theft charges reduced to a misdemeanor, and there is also a possibility of alternative sentences to jail. Good people can make bad choices, which is why it is imperative that you contact an experienced Newport Beach criminal attorney, who may be able to get you a sentence that will not result in the loss of their employment or freedom.
A theft conviction is considered a crime of “moral turpitude” and can have serious adverse consequences if you are not a US citizen or if you attempt to become a citizen.
Prior Successes
Client was charged with shoplifting. Client was given a dismissal upon completing a shoplifting class.
Client was charged with second time charge of shoplifting. Client was given community service in lieu of jail.
Client was charged with stealing from store where he was employed. Client was given fine and Cal Trans in lieu of jail.