Theft is a frequent criminal cost in California. It is significant for any person accused of a theft crime to have a fundamental understanding of theft law, together with how a prosecutor attempts to verify theft, punishments for theft, and defenses to theft allegations.
Petty Theft (Penal Code 484) and Grand Theft (Penal Code 487) are the two most commonly charged theft offenses. The only change concerning petty theft and grand theft is the price of the allegedly stolen property – if the allegedly stolen property has a price of $400 or additional grand theft may possibly be charged.
How does a prosecutor verify theft? Whether charged with petty theft or grand theft, a prosecutor ought to verify the following specifics: (1) the defendant took possession of property owned by one more person (two) that person did not consent to defendant taking the property (three) when defendant took the property he experienced the intent to consider it completely or for a important quantity of time and (four) defendant moved the property and retained it – “movement” occurs even if the defendant moved the property only a modest length and retained it for only a limited time period of time.
What are the punishments for petty theft? Petty theft is a misdemeanor, typically punished by up to three several years of informal probation, a highest sentence of 6 months in county jail, a $one thousand fine, or equally. In some situations, such as when the price of the stolen property is modest and the defendant has no criminal history, petty theft may possibly be charged as an infraction and dismissed if the defendant completes theft education courses.
What are the punishments for grand theft? Grand theft is a “wobbler,” meaning that it can be charged as a misdemeanor or as a felony if the property has a significant price. Misdemeanor grand theft carries a fundamental punishment of three several years of informal probation, up to 6 months in jail, a $one thousand fine, or equally. Felony grand theft can be punished by16 months, two or three several years in point out prison.
Defenses to theft fees! Theft fees are normally based mostly on weak proof that ought to be vigorous challenged. Dependent on the specifics of a situation, defenses to theft fees may possibly include things like: (1) deficiency of intent – when the defendant took the property he did not intend to completely hold it, (two) correct of possession – theft is not fully commited if the allegedly stolen merchandise belong to the defendant and the defendant has a correct to have them, (three) consent – defendant experienced consent to consider the allegedly stolen property, and (four) phony theft allegations.
If you have been charged with a theft crime in Los Angeles, Van Nuys, Beverly Hills or other areas of California I hope this write-up has been valuable.
Garret Weinrieb, Esq.
Valerio | Weinrieb Felony Protection Lawyers
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