Theft Crimes Lawyer Los Angeles

From shoplifting to robbery, being charged with any theft crime is a very serious matter. The skilled attorneys at Spiga & Associates can help you. Contact us now to begin investigation of your case and preparation of your sturdy defense.

Theft Crime Attorney in Los Angeles

Theft is the unlawful taking and removing of another's personal property with the intent to permanently deprive him or her of it. Theft charges include larceny, burglary, embezzlement, identity theft and shoplifting. Theft crimes are also divided between “petty theft” and “grant theft” depending on the value of the property taken.  If you are convicted of a theft crime, you may be facing 6 months to 1 year in jail or prison, court fines and probation. A conviction can also be on your record forever, and may impede your ability to get or maintain employment or put your professional license at risk. Los Angeles Theft Crime Attorneys Spiga & Associates can help defend against your theft charges and will also work with your professional licensing board if any repercussions arise.

Theft (Larceny) is defined broadly in California Penal Code §484(a), which provides, in part:

• Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who cau ses or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.

The statute goes on to say that the value of the property allegedly stolen will be determined by a “reasonable and fair market value.” For services, the contract price is used unless there is none, in which case courts will use the “reasonable and going wage for the service rendered.” In addition, once intent to defraud is established, “any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question.”

Theft Crime charges include:

Shoplifting/Petty Theft

Petty theft is usually charged when the value of the goods or services is $400 or less.  The punishment for a petty theft conviction can include up to six months imprisonment and up to $1000 in fines.  Special provisions of the penal code allow defendants to substitute community service instead of jail time or fees, but only in limited circumstances. Navigating theft charges can be a challenge, but with the help of a criminal defense lawyer at Spiga & Associates, the repercussions may be significantly less harsh – charges may even be reduced to a mere infraction.

Robbery

Robbery is when the perpetrator uses violence or intimidation to take property from the person of another, or in their presence. (California Penal Code §487(c)). When a dangerous weapon is used or when the robber actually causes physical harm to the victim, the crime elevates to aggravated or armed robbery. If a firearm is used, punishment includes imprisonment in state prison for 16 months, 2, or 3 years. (California Penal Code §489(a).)

Burglary

Burglary is unlawful breaking and entering with the intent to commit a felony.  The law used to require that the crime occur at night and that it be a “dwelling place.”  Modernly, any structure may be burgled and it can be at night or during daylight hours.

Embezzlement

Embezzlement is the fraudulent taking of personal property with which one was entrusted.  In other words, if you let me borrow your necklace, at first I have the right to possess the necklace.  Then, instead of returning it to you, I tell you that it was stolen by a gang of bandits.  I keep the necklace and I am guilty of embezzlement. The difference between embezzlement and regular theft is that the embezzler didn’t decide to steal the property until after he already had it in his lawful possession; the thief had a plan to steal all along.

Grand Theft

Section 487(a) of the Penal Code defines “grand theft” as the taking of property worth more than $400. Section 487(b) also sets out specific acts that will constitute “grand theft,” including theft of domestic vegetables worth more than $250. The code also contains special provisions for special circumstances, such as when the person is accused of stealing from his or her employer or when the item is taken from the victim’s body. Theft of a firearm is categorically considered grand theft.

Grand Theft Auto

Penal Code Section 487(d) makes theft of an automobile “Grand Theft,” which also includes theft of a “horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow or pig.”

Receiving Stolen Property

Anyone who buys or receives property that he or she knows to be stolen, may be charged with “receiving stolen property” pursuant to California Penal Code §496.  The punishment receipt of property worth $950 or less may be imprisonment in state prison or in county jail for up to one year.