Theft is a typical felony cost in California. It is significant for any person accused of a theft crime to have a essential comprehending of theft regulation, such as how a prosecutor attempts to confirm theft, punishments for theft, and defenses to theft allegations.
Petty Theft (Penal Code 484) and Grand Theft (Penal Code 487) are the two most commonly billed theft offenses. The only variation in between petty theft and grand theft is the price of the allegedly stolen assets – if the allegedly stolen assets has a price of $400 or additional grand theft may well be billed.
How does a prosecutor confirm theft? Irrespective of whether billed with petty theft or grand theft, a prosecutor have to confirm the next info: (1) the defendant took possession of assets owned by a different human being (2) that human being did not consent to defendant taking the assets (three) when defendant took the assets he had the intent to acquire it completely or for a significant total of time and (4) defendant moved the assets and kept it – “movement” occurs even if the defendant moved the assets only a tiny length and kept it for only a quick period of time.
What are the punishments for petty theft? Petty theft is a misdemeanor, typically punished by up to three a long time of casual probation, a maximum sentence of 6 months in county jail, a $a thousand fantastic, or the two. In some cases, this sort of as when the price of the stolen assets is tiny and the defendant has no felony historical past, petty theft may well be billed as an infraction and dismissed if the defendant completes theft education lessons.
What are the punishments for grand theft? Grand theft is a “wobbler,” that means that it can be billed as a misdemeanor or as a felony if the assets has a higher price. Misdemeanor grand theft carries a essential punishment of three a long time of casual probation, up to 6 months in jail, a $a thousand fantastic, or the two. Felony grand theft can be punished by16 months, 2 or three a long time in state jail.
Defenses to theft prices! Theft prices are frequently primarily based on weak evidence that have to be vigorous challenged. Depending on the info of a situation, defenses to theft prices may well involve: (1) absence of intent – when the defendant took the assets he did not intend to completely continue to keep it, (2) right of possession – theft is not dedicated if the allegedly stolen merchandise belong to the defendant and the defendant has a right to have them, (three) consent – defendant had consent to acquire the allegedly stolen assets, and (4) fake theft allegations.
If you have been billed with a theft crime in Los Angeles, Van Nuys, Beverly Hills or other parts of California I hope this short article has been practical.
Garret Weinrieb, Esq.
Valerio | Weinrieb Legal Defense Lawyers
(note: Data contained within this short article is meant for standard information and facts uses only and is not, nor is it meant to be, lawful advice for any personal situation or scenario. The information and facts contained within this short article is not meant to generate an attorney-shopper romance and use of this short article, and any information and facts contained herein, does not represent this sort of a romance.)