Larceny Defense, Theft Charges Attorney Oceanside
A theft occurs when one person takes property that doesn't belong to them, from an individual or a commercial business, with the intent to permanently keep that property.
Prosecuting attorneys may charge a person with theft in diverse ways, depending on the circumstances. Theft charges can range from a simple misdemeanor for petty shoplifting in a retail store to more serious offenses like identity theft or robbery. The exact charge depends on the value of the stolen property, whether fraud was involved, and if any force was used to obtain it.
There are also theft-related offenses that do not require the actual taking of someone else's property. For instance, a person might be charged with shoplifting if the prosecuting attorney believes that they entered a store intent to steal. A charge of first-degree burglary (which is considered a "strike") may apply if someone entered a residence with the intent to commit theft or another felony.
Identity Theft Cases
Identity theft cases have been on the rise in recent years. Identity theft charges arise from taking someone else's credit or ATM cards, other identifying information, or personal checks with the intent to use them. Further, identity theft can be charged if a person has used credit, money, or goods/services while impersonating someone else.
Have you been charged with Shoplifting?
A petty theft charge is applied when property valued at less than $950 is taken from a store. A first-time petty theft offense has the potential to be reduced to an infraction depending on the value of the stolen property and the zealousness of an experienced criminal defense attorney. A misdemeanor larceny criminal charge is considered a crime and must be disclosed as a criminal conviction to potential employers, while an infraction is not considered a crime and does not need to be reported.
Penalties for Theft Offenses
In San Diego, California, the penalties for theft offenses can vary significantly based on the nature and severity of the crime. For petty theft, which involves stealing property valued at less than $950, the offender may face misdemeanor charges, resulting in a maximum of six months in county jail and/or fines. However, first-time offenders might qualify for reduced penalties or diversion programs, mainly if the offense is considered minor. In contrast, grand theft, which occurs when the stolen property exceeds $950, will be classified as a felony, leading to more severe consequences, including up to three years in prison and substantial fines. Theft-related crimes like burglary carry harsher penalties, with first-degree burglary involving entering a residence with intent to commit theft classified as a felony and potentially resulting in a sentence of up to six years. Identity theft is another grievous offense, where the penalties may include imprisonment and hefty fines, depending on the circumstances. Ultimately, the outcome can be influenced by factors such as prior criminal history, the value of the stolen property, and the defendant's legal representation, making it crucial for individuals facing theft charges to seek experienced legal counsel.
Call the Best Vista/Oceanside Defense Attorney If You're Facing Criminal Theft, Burglary, or Larceny Charges
An experienced criminal defense attorney like Joni Eisenstein can significantly influence the outcome of a theft case through various strategies and legal expertise. First and foremost, a competent attorney will comprehensively analyze the case's specifics, reviewing evidence and identifying any flaws in the prosecution's arguments. This might involve challenging the legitimacy of the evidence collected, the circumstances surrounding the arrest, or procedural mistakes made during the investigation. By crafting a well-structured defense, the attorney can negotiate with prosecutors to reduce charges or potentially secure a plea deal that minimizes penalties. Additionally, an attorney can highlight mitigating factors, such as a defendant's lack of prior criminal history or personal circumstances that contributed to the alleged offense, which may persuade the court towards leniency. Their knowledge of local laws and court procedures allows them to navigate the system effectively, ensuring defendants have fair and equitable treatment. Additionally, a defense attorney can provide valuable support and advice throughout the legal process, helping clients understand their rights and options. Overall, having seasoned legal representation can lead to more favorable outcomes, be it a dismissal of charges, reduced penalties, or even an acquittal at trial, ultimately protecting the defendant's future and reputation.
PLEASE CONTACT JONI IMMEDIATELY IF YOU ARE BEING INVESTIGATED, ARRESTED, OR CHARGED WITH A THEFT OFFENSE SO THAT I CAN HELP DEFEND YOU AGAINST THE CHARGES!