Accused of a theft crime in Carlsbad, CA? Don’t let the situation spiral too far. Instead, seek the professional help of a Carlsbad theft crimes lawyer if you’re facing charges of petty theft, grand theft, or robbery. A conviction for these offenses can lead to fines, jail, or probation without proper legal help.
At Simmrin Law Group, our experienced Carlsbad criminal defense lawyers are here to assist you in handling your theft crime accusation. We have decades of experience and can build a strong defense strategy tailored to your specific circumstances. Contact our theft crimes lawyers in Carlsbad today to get started.
Understanding Theft Crimes Charges in Carlsbad, CA
In California, theft crimes are prosecuted under various classifications, and individuals in Carlsbad may encounter several types of charges, including:
Petty Theft
Petty theft is defined as the unlawful taking of items valued at less than $950. While this charge typically carries lighter penalties, some exceptions may lead to more severe charges, even for items of lower value.
Grand Theft
Individuals accused of stealing items valued at over $950, as well as specific categories such as agricultural products worth over $250, firearms, motor vehicles, or horses, may face grand theft charges. Due to the higher value of the stolen property, this type of theft is usually prosecuted more rigorously than petty theft.
Robbery
Robbery is charged when someone takes property directly from another person through the use of force or intimidation. First-degree robbery applies in situations where the theft occurs in an inhabited dwelling, while someone is operating a vehicle, or near an ATM after a transaction.
Second-degree robbery, on the other hand, pertains to incidents that do not meet the criteria for first-degree robbery and are generally subject to less severe penalties.
For a free legal consultation with a theft crimes lawyer serving Carlsbad, call (310) 896-2723
What Constitutes Motor Vehicle Theft Crimes in Carlsbad
According to California’s court system, individuals who steal cars, trucks, vans, motorcycles, or other vehicles may face charges such as:
- Unlawful Taking of a Motor Vehicle: Commonly referred to as “joyriding,” this offense occurs when someone takes a vehicle without the intention of permanently keeping it. Joyriding is generally regarded as a less serious offense compared to grand theft auto.
- Grand Theft Auto: This charge is applied when an individual takes a vehicle with the intent to permanently keep it. Grand theft auto is usually prosecuted more severely than joyriding and can be classified as either a misdemeanor or a felony, depending on the circumstances.
- Carjacking: Carjacking is the most serious offense and is always treated as a felony. It involves the forceful or threatening unlawful taking of a vehicle from another individual. Convictions for carjacking can lead to substantial prison sentences and large fines and may be categorized as a strike under California’s Three Strikes Law.
Our theft crimes lawyer in Carlsbad, CA, can help defend you against any of the following charges by:
- Investigating the case thoroughly to gather evidence and identify any weaknesses in the prosecution’s case.
- Ensuring that there were no constitutional violations.
- Examining the credibility of witnesses and cross-examining them effectively during trial.
- Presenting alternative explanations or defenses.
- Negotiating with the prosecution for reduced charges or a plea bargain, if appropriate.
- Building a strong defense strategy and presenting a compelling case in court to secure an acquittal or minimize the penalties.
Carlsbad Theft Crimes Lawyer Near Me (310) 896-2723
Know Your Legal Options Against Theft Crimes
When facing any of the aforementioned charges, our skilled Carlsbad theft crimes attorneys will take into account the details of your case to formulate a strong legal defense against the prosecution. The following are examples of successful defenses used to clear or reduce our client’s theft crimes charges:
- Lack of Intent: One of the most common defenses is to argue that you did not have the intent to permanently deprive the owner of the property. If we can show that you had a good faith belief that you had a right to the property or that you intended to return it, it may help reduce the charges or get them dismissed.
- Mistaken Identity: In some cases, mistaken identity can be a valid defense. If there is doubt about your involvement in the theft or if there is evidence that someone else may have committed the crime, it can be used to challenge the prosecution’s case.
- Consent: If you had the owner’s consent to take or use the property, it can be a strong defense against theft charges. Providing evidence of the owner’s permission, such as witness statements or written agreements, can support this defense.
- Ownership Dispute: If there is a legitimate dispute over ownership of the property, it can be used as a defense. This defense argues that you believed you had a rightful claim to the property and did not intend to steal it.
- Lack of Evidence: Challenging the evidence against you is a common defense strategy. This can involve questioning the credibility of witnesses, challenging the reliability of surveillance footage or other evidence, or demonstrating flaws in the police investigation.
- Constitutional Violations: If your rights were violated during the arrest, search, or interrogation process, it may be possible to argue that the evidence obtained should be suppressed. This can weaken the prosecution’s case or lead to a dismissal of charges.
- Entrapment: If you can show that law enforcement officers induced or coerced you into committing the theft, it may be possible to argue entrapment as a defense. This defense asserts that you would not have committed the crime if not for the actions of law enforcement.
- Necessity: In rare cases, the defense of necessity may apply. If you can demonstrate that you committed the theft out of necessity to prevent greater harm or danger, it may be possible to argue that you had no other choice.
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Act Quickly and Get a Carlsbad Theft Crimes Lawyer to Protect Yourself
If you’re arrested or believe that an arrest is pending, we strongly urge you to get legal counsel immediately. The longer you talk to the police without a lawyer by your side, the higher the chance of saying something that could be used against you, even if you’re not guilty.
A skilled theft crimes attorney in Carlsbad can safeguard your rights and may even help get your case dismissed before you’re taken into custody. Don’t delay – contact Simmrin Law Group today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form