Los Angeles Theft Attorneys

Any criminal conviction on your record, no matter how insignificant it may seem, is serious. A criminal record can affect your future employment, your ability to get into certain educational institutions, your financial opportunities, and your reputation. If you or someone you know has been charged with a theft crime, then the thing to do is act as quickly as possible to retain an experienced theft lawyer.

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What Makes Something Legally Considered Theft?

At the heart of any theft prosecution lies the burden on the state to prove specific elements beyond a reasonable doubt. These building blocks form the foundation of the case against you, and dissecting them can reveal weaknesses for your defense.

Let’s explore the key components:

• Intent (Mens Rea): Prosecutors must show that you had the deliberate purpose to deprive the owner of their property permanently. Accidental takings or honest mistakes don’t qualify as theft. For instance, borrowing an item with the belief you’d return it might negate intent, turning a potential conviction into a dismissal.
• Unlawful Taking (Actus Reus): This is the physical act of taking or controlling property without permission. It could be as direct as pocketing goods or as subtle as transferring digital assets. The “unlawful” part emphasizes that consent or ownership rights play a pivotal role.
• Value of Stolen Property: Many jurisdictions classify theft based on the item’s worth, with thresholds determining misdemeanor vs. felony status. A low-value theft might result in a slap on the wrist, while high-value cases (e.g., over $1,000) invite harsher penalties. Accurate valuation, often contested in court, can involve appraisals or market evidence.

Additional elements, like the use of force in robbery variants, can elevate charges. Understanding these intricacies allows a skilled attorney to challenge the prosecution’s narrative, potentially leading to reduced charges or acquittals.

What Are Some Examples of Theft-Related Crimes?

Facing a theft accusation can feel overwhelming, but understanding the specific type of charge is the first step toward mounting an effective defense. Theft isn’t a one-size-fits-all crime; it encompasses a range of offenses, each with unique characteristics and legal nuances.

Here’s a breakdown of some common theft-related charges:

• Shoplifting: Often considered a “petty” theft, this involves taking merchandise from a store without paying. What might seem like a minor slip-up, such as forgetting to scan an item at self-checkout, can escalate based on the item’s value. In many jurisdictions, shoplifting under a certain threshold (like $950 in California) is treated as a misdemeanor, but higher values can lead to felony charges.
• Embezzlement: This white-collar crime occurs when someone in a position of trust, like an employee or fiduciary, misappropriates funds or property entrusted to them. Think of a bookkeeper diverting company money for personal use. Unlike straightforward theft, embezzlement requires proving a breach of trust, making it a favorite target for prosecutors in corporate settings.
• Identity Theft: In our digital age, this has become alarmingly prevalent. It involves using someone else’s personal information, such as Social Security numbers, credit cards, or online credentials, without permission, often for financial gain.
• Auto Theft: Also known as grand theft auto, this charge applies to stealing vehicles or their parts. It could be joyriding (temporary use without intent to keep) or outright theft for resale. With advancements in vehicle tracking tech, like GPS, defenses often hinge on proving a lack of knowledge or consent.
• White-Collar Theft: This broad category includes sophisticated schemes like fraud, forgery, or insider trading. Unlike street-level theft, these crimes often involve deception rather than force, targeting businesses or investors. High-profile cases, such as Ponzi schemes, highlight how these charges can lead to federal involvement and lengthy investigations.

Each type of theft charge carries its own evidentiary requirements and potential defenses, underscoring why early legal consultation is crucial.

Are Theft Crimes Charged as Misdemeanors or Felonies?

Most criminal charges have a wide-ranging degree of severity. The same is true for theft crimes. They can be charged as misdemeanors or felonies, depending on the value of what was stolen and whether you have prior convictions.

Another factor of concern is that there are aggravating circumstances that can elevate charges, including the use of a weapon or injuring a victim. You definitely want to have competent legal representation.

What Penalties Could I Face for a Theft Conviction?

A theft conviction isn’t just a mark on your record; it’s a ripple effect that can disrupt your life, career, and finances. Sentencing varies by jurisdiction, charge severity, and individual circumstances, but here’s an overview of what you might encounter:

• Fines: These can range from hundreds to tens of thousands of dollars, scaled to the theft’s value and your ability to pay. For example, a misdemeanor shoplifting charge might incur a $1,000 fine, while embezzlement could hit six figures.
• Jail or Prison Time: Misdemeanors often mean short jail stints (up to a year), while felonies can lead to years in prison. First-time offenders might avoid incarceration through alternatives like house arrest.
• Probation: Instead of or alongside jail, you could face supervised probation, requiring check-ins, community service, or theft prevention classes. Violations can revoke this leniency, landing you behind bars.
• Restitution: Courts frequently order repayment to victims, covering the stolen property’s value plus any related losses, like repair costs or lost wages.

Factors like prior convictions amplify penalties; repeat felony offenders face enhanced sentences under “three strikes” laws. Conversely, mitigating elements, such as remorse or rehabilitation efforts, can soften outcomes. Judges consider sentencing guidelines, but advocacy from an experienced attorney often sways the balance toward lighter consequences.

What Are Effective Ways to Defend Against Theft Accusations?

While no theft defense case is ironclad, skilled legal strategies can dismantle the prosecution’s claims. Defenses aren’t always about denying the act outright but often about contextualizing it to show reasonable doubt.

Here are some proven approaches:

• Lack of Intent: Arguing you didn’t mean to steal permanently, perhaps it was a misunderstanding or temporary borrowing, can undermine the mens rea element. Evidence like receipts or witness testimony bolsters this.
• Mistaken Identity: In crowded scenarios like shoplifting allegations, surveillance footage might be grainy or witnesses unreliable. Proving you weren’t the perpetrator through alibis or forensic analysis is a classic tactic.
• Entrapment: If law enforcement induced you to commit the crime, say, an undercover officer pressured you into a theft you wouldn’t have done otherwise, this defense can lead to dismissal, as it violates due process.
• Claim of Right: You believed the property was yours or you had permission to take it. This works well in disputes over shared assets, like in family or business conflicts, supported by documentation or agreements.

Other defenses include duress (acting under threat) or intoxication impairing intent. Tailoring these to your situation requires expert analysis, as improper application can backfire.

How Can a Theft Defense Attorney Help Me?

Navigating theft charges alone is like walking a tightrope without a net; risky and often disastrous. A dedicated theft defense attorney acts as your advocate, strategist, and shield, transforming a daunting process into a manageable one. They start by scrutinizing the evidence, identifying procedural errors, and crafting a personalized defense plan.

Attorneys negotiate plea deals to reduce charges, such as downgrading a felony to a misdemeanor, minimizing jail time, or reducing fines. In court, they represent you vigorously, cross-examining witnesses and presenting exculpatory evidence to sway judges or juries.

At Lessem, Newstat & Tooson, LLP, our seasoned team specializes in criminal defense, drawing on decades of experience in California courts. We prioritize client communication, offering 24/7 availability and free consultations to assess your case. We’ve secured dismissals, acquittals, and favorable pleas for countless clients. Don’t face this alone. Our firm combines aggressive advocacy with compassionate guidance to protect your future. Contact us today to start building your defense.

Types of Theft Cases We Handle

We handle all theft crime charges, including:

• Shoplifting
• Burglary
• Robbery
• Fraud
• White Collar Crimes

Contact our theft defense lawyers today if you have been accused of theft.