Theft happens when you take another person's services or property with the intent to deprive the owner of their services or property. It can occur through deception or physically stealing services or property. Moreover, it is theft to take a lost asset without using reasonable measures to find the owner. The crimes are classified according to the value of the asset involved or the form of property. Typically, the seriousness of penalties is directly proportional to the value of the service or property. If charged with a theft crime, it is in your best interest to seek legal representation from the California Criminal Lawyer Group team.

Just because you are accused of a crime does not automatically mean you'll be sentenced. Our attorneys will thoroughly analyze the case facts and evidence against you. If there exist procedural errors or gaps in the prosecutor's case, we can take advantage of it and seek reduced charges or case dismissal.

Embezzlement (PC 503)

Embezzlement happens when a person who was entrusted with monitoring or managing another person's asset or funds steals part or all of the asset or funds for their gain. The accused had legal access to another individual's funds or property, but not its legal ownership.

Embezzlement Penalties

Embezzlement is prosecuted either as petty theft or graft theft, depending primarily on the asset's form and value.

If you are charged with embezzling a property whose worth is less than $950, you will face petty theft. It is a misdemeanor punishable by a maximum of six (6) months in jail.

If charged with grand theft, the offense is a wobbler. A wobbler is a crime that can be prosecuted either as a felony or misdemeanor depending on:

  • Your criminal record
  • Case facts

A felony is punishable by a three-year jail sentence, while a misdemeanor attracts one year in jail.

If convicted of embezzlement of public money, you might face enhanced penalties and fines. It is a felony punishable by a maximum of four years in state prison. Additionally, the defendant will be permanently disqualified for any government position.

A PC 503 conviction might have adverse immigration consequences and result in a non-immigrant being marked inadmissible and deported.

Enhanced Consequences for Aggravating Factors

On top of the consequences related to the form of property stolen, the court will add additional penalties for offenses that involve the following aggravating factors:

  • Aggravated white-collar crime enhancement — A person charged during the identical trials of at least two embezzlement or fraud felonies, which led to the loss of one hundred thousand dollars, will face white-collar crime enhancement. The enhancement leads to additional five years in state prison.
  • Dependent or elderly persons — If you are taking care of a dependent or senior citizen, you are in a special trust position. Embezzling from this person is an aggravating factor and leads to increased penalties.

California Forgery

Violation of PC 470 happens when a person signs somebody else's name, uses another's handwriting, fakes the official seal, alters legal documents, or alters documents associated with financial matters. It could involve real estate deeds, wills, money, and property.

Forgery in California goes beyond using handwriting or general faking signatures. Moreover, most forgery acts require the accused to commit fraud with fake documents or allowing others to commit the crime. The intent to defraud is a crucial element of the offense.

Violation of PC 470 is a wobbler. If charged with a misdemeanor, you will face summary probation, a year in jail, and up to one thousand dollars in fines. A felony, on the other hand, carries felony probation, three years in county jail, and ten thousand dollars in fines.

Forgery is only prosecuted as a California misdemeanor if the forged documents are financial instruments whose worth doesn't exceed nine hundred and fifty dollars.

Regardless of the severe penalties, there are several legal strategies that your defense attorney can use to fight the criminal charge, including:

  • You were falsely accused
  • Coerced confession
  • You did not plan to defraud

Statute of Limitations

The statute of limitations depends on whether you are prosecuted with a misdemeanor or a felony. The district attorney should bring your felony and misdemeanor charge four years and one year, respectively, following the crime's discovery and completion.

Selling or Making Counterfeit Goods

PC 350 makes it illegal to manufacture, possess for sale, or sell a counterfeit trademark. Please note that you do not violate the statute by having a counterfeit good. You should own the good intending to sell it.

A counterfeit mark is a fake brand or trademark confusingly identical to a legally registered trademark.

Penalties for First PC 350 Offense

Generally, PC 350 penalties depend primarily on the value and number of faked goods.

You face misdemeanor charges if all the statements below are correct:

  • Your charges involve less than one thousand items
  • The total market value of the counterfeit goods does not exceed $950

A misdemeanor conviction attracts the following penalties:

  • Summary probation
  • A year in jail
  • Fines of two hundred thousand dollars for companies and ten thousand dollars for individuals

If the worth of the counterfeit goods is at least $950, you face a wobbler. A felony is punishable by:

  • Formal probation
  • A maximum of three years in jail
  • Fines of one million dollars for companies and five hundred thousand dollars for individuals

Moreover, the judge will order asset forfeiture of your counterfeit goods, vehicles used to transport the goods, and materials and equipment used to assemble or manufacture the fake marks.

Subsequent Offense and Offense Causing Great Bodily Injuries or Death

If you have a previous PC 350 conviction, the second crime is a California wobbler, notwithstanding the counterfeit items' value and number. The penalties are similar to those outlined above. However, the fine is four hundred thousand dollars for companies and one hundred thousand dollars for individuals.

You also face more severe penalties for a violation that led to great bodily injuries or death to a person who used the counterfeit items believing they were genuine. It's a felony punishable by two, three, or four years in jail.

Legal Defenses

One of the most common legal defenses is a mistake of fact (absence of knowledge). More often than not, sellers of counterfeit items do not know that they are selling fake items.

Your experienced defense attorney could also claim that the arrest stemmed from an unlawful seizure or search. If the law enforcers did not comply with the proper procedure, they cannot use the proof collected in court against you.

Identity Theft

PC 530.5 makes it illegal to take another's personal identifying information and use it fraudulently or illegally. In other words, it is taking another's personal identifying information without their consent, intending to engage in fraud.

As far as this statute is concerned, personally identifying information includes the below:

Information in death and birth certificates

  • Bank account details
  • Credit card number
  • The maiden name of the victim's mother
  • The victim's name and contact details
  • Social security number
  • Driver's license number

Penalties, Sentencing, and Consequences

Identity theft is a California wobbler. A misdemeanor carries a maximum of one year in jail, summary probation, and one thousand dollars in fines. On the other hand, a felony is punishable by felony probation, ten thousand dollars in fines, and three years in state prison.

A felony conviction might also result in the loss of firearm rights. According to California laws, convicted felons can't own, possess, or purchase a gun.

Legal Defenses to Identity Theft

You can fight the criminal charges using the following legal defenses:

  • You did not have an unlawful purpose — One of the offense's facts is that you took personal identifying information for illegal purposes. That means you cannot be found guilty if you prove that you weren't going to violate the law. Maybe, you took the information to prepare a report.
  • You did not have a willful act — You only commit identity theft if you took willful conduct to take the information. Therefore, it's a defense to claim that you took the details accidentally.
  • You did not intend to defraud.

California Grand Theft Auto

Per PC 487(d)(1), it is an offense to take another motor vehicle whose value exceeds nine hundred and fifty dollars without consent, intending to deprive the owner of their car.

Auto theft could lead to charges for one of the following crimes:

  • Grand theft auto
  • Illegal driving or taking of a car under VC 10851 (joyriding)

The variation between the offenses revolves around the duration you intended to hold the car. If you planned to have the vehicle for a significant amount of time or permanently, you will be prosecuted with grand theft auto. However, if you intended to keep the motor vehicle for a short time, you might face joyriding charges.

GTA is a wobbler. However, in practice, it is charged as a felony, punished as follows:

  • Sixteen months, two years, or three years in county jail
  • A maximum of ten thousand dollars in fine

If you have a previous GTA conviction, your sentencing range will increase to two, three, or four years.

If you stole a high-end motor vehicle, you would receive the following additional and consecutive state prison sentences:

  • An additional year if the vehicle's value was above sixty-five thousand dollars.
  • Two additional years if the vehicle's value exceeded two hundred thousand dollars

Legal Defenses to GTA

GTA is aggressively prosecuted in California. Luckily, with qualified legal representation, you can get the charge dismissed or reduced. Thanks to the following legal strategies:

  • Absence of intent — One of the facts of the crime is the intent to steal. Therefore, it is a defense to claim that you didn't intend to steal the vehicle. Please note, this defense is not valid in joyriding charges.
  • You would not be sentenced for GTA if you had a good faith belief that the motor vehicle belonged to you, notwithstanding whether the belief is correct or not.
  • If the car's owner permits you to take their vehicle, then there isn't theft. Nevertheless, consent isn't a legal defense because the owner had previously given you consent to use their vehicle.
  • False accusations — Like most crimes, false accusations are not uncommon with joyriding and GTA cases. Maybe, a person you dated had consented you to use their automotive and then attempted to take back the permission following a fight. Your skilled defense lawyer can collect evidence and identify gaps in the prosecutor's case, revealing the truth.

Petty Theft

Under PC 484, petty theft is stealing or illegal taking another person's asset whose value doesn't exceed nine hundred and fifty dollars.

Several forms of theft might result in petty theft, such as:

  • Theft by embezzlement
  • Theft by larceny
  • Theft by false pretenses
  • Theft by trick

Violating the PC 484 law is a misdemeanor punishable by one thousand dollars in fines and a maximum six-month county jail sentence. A conviction might also have adverse immigration consequences.

Sometimes the judge might award the accused with summary probation in place of serving jail time.

Grand Theft

PC 487 defines California graft theft as illegal taking another's asset whose value is more than nine hundred and fifty dollars.

The variation between petty theft and grand theft lies in the worth of the property involved. You will be charged with grand theft if the property stolen is worth at least $950. This wasn't always the case. Before California voters passed Prop 47 in 2014, you could face grand theft charges for stealing property whose worth was less than $950 if one of the below statements was correct:

  • The property stolen was a gun.
  • The property stolen was a car
  • The property stolen included specific animals
  • The asset was stolen from its owner's person

However, grand theft consequences still apply to theft of these properties, irrespective of the worth, if the accused has any of the below previous convictions:

  • Sex crime conviction that requires the defendant to register
  • A severe felony conviction, including child molestation, rape, murder, sexually violent offense

Moreover, you will face grand theft charges if:

  • you repeatedly steal personal property, labor, or money from your boss, and
  • the value of the property stolen exceeds nine hundred and fifty dollars in twelve months.

Grand theft is a California wobbler. The potential sentence for a misdemeanor charge is a year in jail. A felony is punishable by sixteen, two, or three years in jail.

With the assistance of a defense counsel, you can beat these charges using legal defenses such as:

  • You didn't purpose to steal
  • The involved asset was yours
  • You are a victim of false accusations
  • The property's owner gave you permission to take it

Misappropriation of Public Funds (PC 424)

PC 424 is the statute that makes it an offense for a public funds trustee or public officer to misappropriate funds for improper use. The prosecutor can file the crime against any person with government money control.

Typical forms of PC 424 include:

  • Appropriating public money without authority
  • Profiting from, misusing, or loaning public money without authority
  • Refusing to transfer or pay public funds
  • False account or fraudulently destroying or altering accounts

PC 424 Penalties

Violation of PC 424 is a felony. Potential consequences are as follows:

  • Formal probation
  • Ten thousand dollars in fines
  • Two, three, or four years in prison

If convicted, the law will bar you from holding a public office in California.

How to Beat PC 424 Charges

A PC 424 charge can ruin your career and life and often attract news media's attention. The legal team at California Criminal Lawyer Group is well-versed with the common legal strategies and is ready to help. We will urge that:

  • You did act with criminal negligence or knowingly
  • The amount of money involved was minimal or incidental

Credit Card Fraud

Under California penal code sections 484e, 484g, 484f, 484i, 484j, and 484h, it is illegal to commit access card, debit card, and credit card fraud. The sections make it an offense to access or use a credit card to acquire services, goods, or money to which you aren't legally entitled.

PC 484e applies to a stolen credit card, and it is illegal to sell or possess a credit card or credit card details without the owner's consent.

PC 484df makes it illegal to alter a credit card without its owner's consent.

PC484g makes it a crime to fraudulently and knowingly use an account or credit card

PC 484h happens when a retailer accepts payment through a fake, revoked, or stolen credit card when they know it's invalid or present evidence of a transaction that did not take place.

PC 484i applies to possessing or manufacturing fake credit cards.

Under PC 484j, it is illegal to knowingly communicate credit card details intending to defraud a business or person.

Most cases of credit card fraud are charged as grand theft, petty theft, or forgery.

How to Fight Credit Card Fraud Charges

Discussed below are some of the common defenses:

  • You did not intend to engage in fraud — You are only guilty of this crime if you acted with the intent to engage in fraud. A defendant plans to commit fraud when they try tricking or deceiving another person. It is, therefore, a defense if the accused shows that they did not have the requisite intent.
  • The police did not have probable cause to arrest you
  • Illegal seizure or search

Reasons Why You Require an Experienced Theft Crime Attorney

When facing a theft offense charge, you might be tempted to choose self-representation. Unfortunately, the consequences of self-representation outweigh saving a couple of dollars. Below are reasons why you should seek legal representation.

  • California law is complicated — Legal jargon and the ability to understand criminal law is challenging navigating. Many defendants assume that explaining their side of the side will get their criminal charge dropped. However, this isn't the case. The prosecutor has already built a case against the accused. The defendant will only incriminate themselves because they don't understand the ramification of what to say and do. The sooner you consult with an attorney, the sooner they can begin working strategically to help you get the best possible case outcome.
  • The alleged victim will likely have a lawyer — The last thing you want is to put yourself against a well-versed person with the law when you aren't. If the victim has legal representation, you should up your game.
  • Your lawyer knows courthouse etiquette — Submitting evidence and presenting witnesses should be done in a specific manner. A courtroom takes a knowledgeable individual to identify legal gaps that will help strengthen the theft case. Also, presenting your evidence appropriately can ultimately result in a better case outcome.
  • Your attorney has access to experts and witnesses you will require on your side. Your lawyer has an extended network of expert witnesses to help your case and challenge the prosecutor's evidence.
  • Your lawyer knows how to negotiate plea bargains and settlements — Your attorney has previously handled similar cases and knows how to make calculated guesses about what is likely to happen. Sometimes a settlement is more sensible, while other times, it is wise to take the case to trial. The legal counsel will explain both pros and cons of each option, helping you make an informed decision.
  • It is wise to avoid challenges instead of fixing them later — Probably, you have heard of the saying, "Prevention is better than cure." Well, consulting with an attorney in most cases will help you avoid potential legal mistakes and headaches. Do you understand the fine print of pleading guilty to a theft crime and what it means to your future? Your lawyer does.

Find a Theft Defense Attorney Near Me

If you are under investigation for a theft crime, you might feel confused, frustrated, and frightened. A lot is at stake, and you have good reasons to be concerned. A conviction might affect your career, future, reputation, and ability to secure employment, housing, and educational opportunities. However, you shouldn't feel hopeless. Instead, it would help if you immediately spoke with the California Criminal Lawyer Group. We can investigate the case and fight the criminal charge. We have many years of experience representing defendants with theft crimes, such as petty theft, robbery, shoplifting, grand theft, and embezzlement. We meet personally with all clients at all stages of the criminal justice system and make ourselves available to analyze and discuss all concerns as they arise. Contact us today at 916-775-7660 to get a free case review and learn how we could help you.