Charges involving criminal property damage or possession of another person’s property can have an impact on your criminal record and make it difficult for you to find work or secure a loan.
When your liberty and livelihood are at stake, an Arcadia property crimes lawyer at Simmrin Law Group can defend you and work tirelessly to achieve the results you seek. We are available to represent individuals charged with a variety of theft and robbery offenses, including carjacking, vandalism, and arson.
Defining Property Crimes
A property crime is defined as the destruction or theft of property belonging to someone else. This type of criminal activity includes both non-theft-related crimes like arson and vandalism and theft-related crimes like shoplifting, burglary, or automobile theft.
Several property crimes do not encompass threats or physical harm to a victim, and some offenses qualify as crimes even if the would-be criminal is unsuccessful. For example, if a person breaks into a house with the intent to steal property, they can be charged with burglary even if they flee before committing the act of theft or robbery.
Property crimes in California are classified as “wobblers,” which means the wrongdoer could face misdemeanor or felony charges, depending on the severity of the offense and their criminal history. Property crimes can result in fines and imprisonment, which is why hiring an experienced property crimes attorney in Arcadia is critical in cases involving crimes against property.
How a Lawyer Can Help When Charged with a Property Crime?
If arrested and charged with a property crime in California, one will likely need skilled legal representation to help build a legal defense and protect their future. It is critical that those charged with a property crime understand the consequences of this offense and that they are prepared to defend their rights, regardless of the charges.
It is critical to understand that even if not sentenced to prison for property crimes, a charge or guilty plea could jeopardize one’s future. When someone runs a background check, the theft, burglary, or robbery charge will be visible to the entire world. This fact may prevent a person from getting a job or obtaining a loan, as well as from obtaining or renewing professional licenses.
Because criminal convictions can alter your life, an experienced property crime attorney can work hard to provide solutions for each client’s unique legal needs. A property crimes lawyer in Arcadia will build their case to break down the prosecution’s case. It is always up to the prosecutor to prove all elements of the crime. A good defense lawyer will be able to attack some or all of the elements of a property crime to show that the prosecutor has not met their burden and, therefore, a guilty charge is not warranted.
Possible Defenses for Property Crimes
Depending on the facts of the case, a defendant facing property crime charges may have defenses available to them. Mistakes, coercion, or public or private necessity can all be used to defend against property crimes charges.
Mistake
Factual errors occur when a criminal defendant misunderstands a fact that negates an element of the crime. For example, if a person is charged with theft but believes the property they took was rightfully theirs, any intent to deprive another of the property is null and void. However, one requirement is that this mistake must be honest and reasonable. Meaning, the defendant cannot later claim that there was a mistake of fact when there was actual knowledge of the situation.
There is also a mistake of law, which occurs when a defendant misunderstood or was completely oblivious to the existence of a law. This generally applies in limited circumstances and typically occurs with out-of-state defendants because one is placed with the burden of knowing the laws of their own state.
Coercion
Coercion is a defense strategy used when threats, violence, or other intimidating behavior is used to induce an individual to commit a criminal act. Using coercion as a defense strategy is dependent on the ability to clearly establish a belief that a person committed the alleged property crime only because they were reasonably afraid of repercussions if they did not commit the crime. Fear of serious bodily harm or death to themselves or others can be grounds for retaliation.
Coercion is admitting to the crime but only under the pretense that they committed the crime for their or a loved one’s self-preservation.
Public or Private Necessity
It is sometimes argued that property destruction is necessary in certain emergency situations. A person, for example, may need to break a window to escape a fire or other danger. In this example, there was a property crime, but it was necessary for the preservation of self or others. In such circumstances, the defense of necessity would apply.
Property Crime Statistics in California
In the most recently reported year, 63% of all property crimes in California were larceny thefts, 16% were burglaries, and 21% were auto thefts. Property crimes across California have generally been higher than the average number of property crimes in the United States, according to FBI Data.
Interestingly, as reported by the FBI, the highest number of those that committed property crimes as well as were victims of property crimes were both in the age range of 20-29 years old in California. Additionally, most property crimes occurred at a home or on the street/sidewalks and were done by a stranger with no relation to the victim.
Hiring an Arcadia Property Crimes Lawyer
The Arcadia property crime defense lawyers at Simmrin law group are ready to use the best defense available to defend against any property crime charge. Those charged with a property crime are not always guilty of that crime. Even if you are guilty, the charge may not be valid because proper procedure was not followed, or there may not be enough evidence.
Contact an Arcadia property crimes attorney by phone or through our website today to schedule a free consultation to discuss your case. Our lawyers are here for you, whether there are charges pending or a case has already been started.