Theft

A theft occurs when one person takes property from another person, another person’s home or car, or a commercial business with the intent to keep the property.

There are several different ways a prosecutor can charge someone with a theft violation, ranging from a simple misdemeanor petty theft from a retail establishment, to identity theft, to robbery.  It all depends upon the value of what was taken, if fraud was involved, and whether or not force was used to obtain the property.

There are theft related offenses that do not involve the actual taking of someone else’s property.  For example, a charge of second degree burglary can be made when the prosecutor believes that an individual entered a building with the intent to steal. A charge of first degree burglary (a “strike”) can be made when the prosecutor believes that an individual entered someone else’s residence with the intent to commit a theft or a felony.

Identity theft cases have been increasing over the past several years. Those charges can be based upon possessing someone else’s credit/ATM cards, identifying information, or personal checks with the intent to use them in a fraudulent matter.  Identity theft can also be charged where someone has actually acquired credit, money, or goods/services while impersonating another.

A first time shoplifting case is usually charged as a misdemeanor petty theft if the value of the stolen property is less than $950.  The prosecutor can also charge a burglary if there is evidence that the individual entered the store with the intent to steal. Once someone suffers a conviction for a petty theft, all subsequent petty theft offenses can be charged as felonies with the potential for a state prison sentence.

The sentence for a first time petty theft conviction is generally probation, a fine, 1 day in jail, waiver of 4th amendment rights, restitution and an order to not return to the store or the chain of stores where the offense occurred.  Sentencing for all other theft related offenses can greatly vary.

PLEASE CONTACT ME IMMEDIATELY IF YOU ARE BEING INVESTIGATED, ARRESTED, OR CHARGED WITH A THEFT OFFENSE SO THAT I CAN HELP DEFEND YOU AGAINST THE CHARGES!

Attorney Services

Attorney Services

Take Your Freedom Into Your Own Hands

CALL NOW IF YOU HAVE A WARRANT OUT FOR YOUR ARREST OR IF YOU ARE UNDER INVESTIGATION!

Contact

Joni K. Eisenstein - Criminal Attorney
207 North Ditmar Street
Oceanside, CA 92054
San Diego County

Phone: 760.721.3161
Fax: 760.435.7257
Email: joni@oceansidecriminallaw.com