Understanding Theft and Burglary Charges in California

In California, theft and burglary are serious offenses with significant legal consequences. Theft is the unlawful taking of someone else's property with the intent to deprive them of it permanently. Burglary typically involves entering a building with the intent to commit theft or another felony. Both crimes encompass a variety of charges, each with distinct elements and penalties. Anyone facing these charges should reach out to an experienced criminal defense attorney immediately to help navigate these treacherous waters.

Theft Charges

Petty Theft: Petty theft, or misdemeanor theft, is the stealing property valued at under $950. Common examples include shoplifting and stealing personal property. Penalties will likely include fines, probation, community service, and possible jail time.

Grand Theft: Charges of Grand Theft are filed in cases where the property value stolen exceeds $950. Charges may be misdemeanor or felony and may include up to three years in state prison if convicted. .

Shoplifting: Shoplifting is defined under Penal Code Section 459.5 as entering a commercial establishment for the purpose of stealing merchandise valued at $950 or less. It is generally treated as a misdemeanor, which carries possible penalties of six months in jail and fines.

Identity Theft: Identity theft involves using someone else's personal information to commit a crime. It is a serious offense under Penal Code Section 530.5, with penalties that can include fines, restitution, probation, and up to three years in state prison.

Burglary Charges

First-Degree Burglary: Also known as residential burglary, this involves entering an inhabited dwelling with the intent to commit theft or any felony. It is always charged as a felony and carries a state prison sentence of two, four, or six years.

Second-Degree Burglary: Also known as commercial burglary, this involves entering a non-residential structure, such as a business, with the intent to commit theft or any felony. Depending on the case specifics, second-degree burglary may be charged as a misdemeanor or a felony. Penalties include 1-3 years behind bars.

Defenses Against Theft and Burglary Charges

Facing theft or burglary charges can be daunting, but a skilled defense attorney can employ various strategies to reduce charges and penalties or even achieve a dismissal. Some common defense approaches include:

• Lack of Intent: For theft and burglary charges, the burden is on the prosecution to prove that the defendant intended to commit the crime. A defense attorney can argue that there was no intent to steal or commit a felony, which can lead to lesser charges.
• Mistaken Identity: In cases of identity theft or when the suspect’s identity is in question, an attorney can argue that the defendant was wrongly accused. Providing alibis, witness testimony, and other evidence can help establish the defendant’s innocence.
• Insufficient Evidence: Prosecutors must present sufficient evidence to prove guilt beyond a reasonable doubt. A defense attorney can scrutinize the evidence for weaknesses, inconsistencies, or procedural errors that could result in reduced charges or case dismissal.
• Consent: If the defendant had permission to take the property, there is no theft. Demonstrating that the property owner consented to the defendant’s actions can be a viable defense.
• Entrapment: In entrapment cases, an attorney can argue entrapment if the defendant was coerced or pressured into committing theft or burglary by police.