If you have been arrested for stealing, a knowledgeable Anaheim theft lawyer could help. Scott D. Henry and his legal team have decades of experience defending those facing these charges. Our team has in-depth knowledge of how theft is investigated and prosecuted in this area. We could thoroughly investigate the alleged offense to obtain evidence supporting your case. Our long-standing relationships with prosecutors and judges at the North Justice Center aid us in effectively negotiating on your behalf. Our skilled criminal defense attorneys are dedicated to fighting tirelessly to help obtain the best possible outcome.
Common Theft Crimes in Anaheim
California Penal Code 484 PC makes it unlawful to:
- Take personal property away from another individual
- Defraud an individual out of money or labor
- Access the credit of another individual
- Fraudulently gain access to an individual’s money or property
Common examples of these crimes include:
- Petty theft
- Grand theft
- Embezzlement
- Identity theft
- Extortion
- Burglary
- Auto theft
- Robbery
- Receiving stolen property
This offense can be charged as a misdemeanor or felony and is dependent on the value of the stolen property. Typically, if the item is valued under $950.00 it is charged as a misdemeanor and if the value is over $950.00, the crime is charged as a felony. A skilled Anaheim lawyer could help someone through the legal process if they have been accused of theft.
Grand Theft Auto
According to California Penal Code 487 PC, an individual can be convicted of grand theft auto if:
- The defendant drove or took a vehicle
- The vehicle did not belong to the defendant
- The vehicle was taken with the intent to deprive the owner of it permanently.
It is important to note that it does not matter what means the defendant used to take the vehicle. Even if the keys were left in the auto with the doors unlocked, it is still considered a grand theft auto. This crime is a “wobbler,” which means it can be charged as a misdemeanor or felony. The penalties for a conviction include substantial fines and up to three years in prison.
What is the Difference Between Petty and Grand Theft?
State law defines petty theft as the wrongful taking of another individual’s property when its value is $950 or less. If the property is valued over $950.00, then the more serious crime of grand theft can be charged. Theft by false pretense, larceny, and embezzlement can also be considered petty theft. This crime is charged as a misdemeanor, and penalties for a conviction include up to six months in jail and a fine of up to $1,000.
Alternatively, state law defines grand theft as the unlawful taking of another individual’s property when the property is valued at $950.00 or more. Theft by false pretense, larceny, and embezzlement may also be considered grand theft.
Grand theft is a “wobbler,” which means it can be charged as either a misdemeanor or a felony. A misdemeanor grand theft conviction penalty can include up to one year in jail and a fine of up to $1,000. The penalties for a felony grand theft conviction can include up to three years in jail and a fine of up to $10,000.
Defenses for Theft Crimes in Anaheim
There are several solid defenses a skilled attorney in Anaheim could pursue to provide you with an effective theft defense. Some of the solid arguments include:
- Lack of Intent – The lack of intent defense is the most commonly used for these offenses because the intention to steal must be proven to get a conviction
- Consent
- Falsely Accused
- Claim of right – If the property belonged to you, or you genuinely believed it belonged to you
Speak with a Top Anaheim Theft Attorney
Facing theft charges can be frightening because there is so much at stake. As such, it is best if you seek assistance from an Anaheim theft lawyer immediately. Our skilled attorneys at the Law Office of Scott D. Henry have over 40 years of combined defense experience. Our firm has seen unprecedented success because of our dedication to doing what is best for our clients. We could aggressively fight the charges against you, using our in-depth knowledge and experience. Contact us today for a free consultation.