Being accused of a theft offense is a serious matter. There are multiple types of theft crimes, each carrying its own penalties. However, when you have been arrested and charged, the consequences of a conviction could haunt you for the rest of your life.
It is essential to take action to protect your liberties. With help from an experienced Chino theft crimes lawyer at the Simmrin Law Group, you could present a powerful defense strategy and avoid the severe consequences of a guilty verdict. Contact our office for a free consultation today to learn more about what is next for your theft crimes defense.
Types of Theft Crimes You Could Face in Chino
Theft crimes can take many forms. However, no matter what type of theft offense you are facing, it is imperative to have a criminal defense attorney working for you. With help from your Los Angeles theft crimes lawyer, you can get a full understanding of the severity of the penalties you are facing and figure out how to best approach your defense strategy.
With that in mind, here are some of the most common types of theft crimes our former clients have been charged with:
Petty Theft
Under California Penal Code §488 PC, anyone who is accused of taking $950 or less of goods, services, or property can be charged with petty theft. Typically, petty theft is considered a misdemeanor offense, punishable by a maximum of six months in a San Bernardino county jail and fines as high as $1,000.
For the prosecuting attorney to obtain a guilty verdict, they will need to prove beyond a reasonable doubt that you had the intent to permanently deprive the property owner of their goods or services.
Shoplifting
Under California Penal Code Section 459.5 PC, you can be charged with shoplifting if you steal a retailer’s merchandise valued at $950 or less. This crime occurs during the establishment’s traditional business hours and is frequently considered a misdemeanor offense. If convicted, you might spend as much as six months in a San Bernardino county jail and pay restitution to the alleged victim in your case.
Robbery
Robbery and burglary are two different types of criminal offenses in the state of California. According to California Penal Code Section 211, you can be charged with robbery if you take someone else’s property through the use of force or threats.
This can be considered a first or second-degree felony. If you are convicted of first-degree robbery, you could face a maximum of nine years in a California state prison. You may also be ordered to pay fines as high as $10,000.
The prosecutor will need to be able to prove the elements of the offense have been met to prove your guilt beyond a reasonable doubt. The elements of robbery include:
- The defendant took the alleged victim’s property.
- The property in question was in the alleged victim’s possession.
- The property was taken from the alleged victim’s possession.
- The defendant took the alleged victim’s property against their will.
- The defendant took the property by the use of fear or force to reduce resistance.
- The defendant intended to permanently deny the alleged victim of their property or services.
Burglary
Burglary is an entirely different offense. Here, under California Penal Code Section 459, you can be charged with burglary if you are accused of entering a locked vehicle or commercial building with the intent to commit any type of felony offense, such as grand theft or petty theft. It should be noted that burglary charges apply even if the defendant is unable to complete the intended crime.
If you are convicted of burglary, you could spend a maximum of six years in a California state prison. This is typically charged at the first or second-degree felony level.
Grand Theft and Auto Theft
According to California Penal Code Section 487, you can be charged with grand theft if you are accused of stealing services or a property valued at more than $950. For the prosecutor to prove your guilt beyond a reasonable doubt, they will need to show that:
- The services or property taken were valued at more than $950.
- The defendant intended to keep what they stole.
You can also face charges of grand theft for the theft of an automobile. There are two different types of car theft crimes. Under California Vehicle Code Section 10851, joyriding is defined as taking someone else’s vehicle without the owner’s consent.
Under California Penal Code Section 487(d)(1), grand theft auto is when a person takes another person’s vehicle without their consent with the intent to deprive the vehicle owner of their property permanently.
Ways to Defend Yourself Against Chino Theft Crimes Accusations
Your theft crimes attorney in Chino, CA can help you determine which defense is most likely to produce the most favorable outcome for you. For some, working out a plea agreement with the prosecutor may be a good option. For others, going to court with a powerful defense may be the only way to avoid a conviction.
When to Consider Pretrial Diversion for Theft Crimes in Chino
One of the top responsibilities of your Chino theft crimes attorney will be to get the prosecutor to work out a plea agreement or allow you to enter a pretrial diversion program. Here, if you meet the terms of the program, the theft charges against you could be reduced to a lesser offense or dismissed entirely.
Defending Yourself at Trial
In some instances, those accused of theft crimes are not eligible for pretrial diversion or a plea agreement. Your theft crimes lawyer will be prepared to build a compelling defense strategy to be presented at trial. Some of the most common ways to challenge theft crime accusations include:
- Lack of intent
- Unlawful seizure
- Unlawful stop
- Lack of probable cause
- Constitutional rights violations
- Lack of evidence
Reach Out to a Theft Crimes Lawyer in Chino for Help Today
If you have recently been arrested on a theft offense, you may have concerns about what will happen next and how your life will be affected if you are found guilty. It is crucial to present the strongest case possible to avoid being convicted.
Reach out to a dedicated Chino theft crimes lawyer at the Simmrin Law Group to discuss your potential defense options. You can reach us via our quick contact form or by phone to schedule your confidential consultation as soon as today.