Los Angeles Theft Defense Attorney

California Theft Defense Lawyer

Petty Theft | Shoplifting |  Grand Theft | Burglary | Robbery
Receiving Stolen Property | Auto Theft | Theft Diversion

Los Angeles Theft Defense Attorney image

If you are accused of a theft crime in California, you are facing serious consequences.  A theft could be charged as a misdemeanor or a felony.

Los Angeles theft defense lawyer, Jerod Gunsberg.

There are two main categories of theft in California:

PETTY THEFT

Petty theft is charged when the value of the items stolen are less than $400 (as of January 1, 2011 this amount changes to $950). This includes most shoplifting cases.

First time petty theft offenses are charged as misdemeanors and carry a maximum sentence of  six months in the county jail, three years summary probation, and a $1,000 fine.  In Los Angeles County, those convicted of petty theft are rarely, if ever, sentenced to county jail.

To be convicted of petty theft, one of the elements the prosectuion must prove is that the defendant intended to steal the item.  In many shoplifting cases, that intent is non-existent.  People often are in a hurry when they are shopping and are pulled in many directions. Often people “space out” and leave a store wearing an item of clothing they tried on without putting on their own clothes.  At the grocery store, a shopper puts items in a reusable shopping bag, does not pick up anything else, and leaves the store  without realizing  that he or she did not pay for the item in their bag.  Sometimes people’s so-called “friends” put merchandise  in a person’s purse or in the storage area of a baby stroller without telling them.   We are experienced in dealing with these issues head on.

THEFT DIVERSION – ALTERNATIVE SENTENCING

In some cases, there are underlying emotional and psychological issues that lead people to shoplift.   Many people steal because they get a “thrill” out of it or do it for the challenge even they don’t necessarily need the items they stole.  Some people, who do can afford to buy the merchandise, have no idea why they stole.  If you want help understanding and changing your behavior, we can help.  We work with a wide range of support groups and professionals that can help you.  If started early enough, participation in a theft diversion program or private counseling may help in getting your sentence reduced or even dismissed.

PETTY THEFT WITH A PRIOR

Under Penal Code 666, a petty theft can be charged as a felony if the defendant sustained three previous convictions and was sent to jail or state prison for any of the following offenses:

  • Grand Theft
  • Auto Theft (as defined by 10851 of the Vehicle code)
  • 2nd Degree Burglary (aka Commercial Burglary)
  • Carjacking
  • Felony Receiving of Stolen Property
  • Robbery (note that Robbery is also a “strike” offense – please see below)

Petty theft can also be charged as a felony if the defendant has been convicted of and sentenced to state prison for one prior serious or violent felony (a “strike” offense) or one qualified  sex offense.

GRAND THEFT

In most cases, grand theft occurs when property over $400 in value is stolen (as of January 1, 2011 this raises to $950). Grand theft can be charged as either a misdemeanor or a felony.

Like Petty Theft, in Grand Theft cases the prosecution must show the intent to steal an item.  In the retail setting, many people accused of grand theft are employees of retail chains.  Employees are often accused of  processing returns for a higher dollar amount than the item sells for and pocketing the difference.  Other common grand theft scenarios include leaving a hotel without paying the bill or renting equipment from a store and never returning it.

CIVIL COMPROMISE

In many theft cases, we can contact the victim and offer what is known as a “civil compromise.”  This arragnement, pursuant to Penal Code Sections 1377 and 1378,  means that the victim will accept repayment or return of any stolen property and in return they will recommend to the prosecutor that the charges be dismissed.   Generally speaking, if the victim is an individual or a “mom and pop” store, there is a greater likelihood that they will agree to a civil compromise (major retailers tend to adhere to their “all shoplifters will be prosecuted” policy — but there are instances where a big chain store agrees. It will usually require a compelling set of circumstances).  However, even if the victim is on board, the prosecutor is under no requirement to agree to a civil compromise, even if the victim says it is OK.

Under the letter of the law, the court does have discretion to accept the civil compromise and dismiss the charges even without the prosecutor’s approval.  Practically speaking, it is rare for a judge in Los Angeles County to approve a civil compromise unless the prosecutor is on board.

Some District Attorney’s will consider civil compromises, others will not consider it under any circumstances. It all depends on the case.  If a civil compromise is something a client wishes to pursue, it must be done as soon as possible. If you think a civil compromise  may be a possibility in your case, contact us immediately.

RECEIVING STOLEN PROPERTY

Receiving stolen property can be charged as either a felony or a misdemeanor.  If charged as a felony, the maximum punishment is  three years in state prison.  If charged as a misdemeanor, the punishment is up to one year in county jail.  To prove that a defendant received stolen property the prosecution must prove that the defendant:

  • Bought, sold, received, aided in selling, hid or aided in hiding stolen property AND
  • Knew the properly had been stolen.
  • Knew that property was in their possession.

Many times people end up with gifts, or buy things from friends or family at a good deal without knowing they had ended up with stolen property.

OTHER WAYS YOU CAN BE CHARGED WITH THEFT

Most people know that shoplifting or stealing someone’s wallet is theft, but many people are surprised at the other ways theft can be charged.

Here are some examples:

  • Using a false credit card or showing a false ID to procure goods or services
  • If you rent merchandise such as a car or equipment and do not return it for on time, you can be charged with theft
  • Using a card or showing a false ID to procure goods or services, you can be charged with theft and identity theft.   If you are given an item to repair and keep the item for too long of a period without returning it to the owner, you could be charged with theft.
  • You find the property of another person, you know who the person and keep it with no intention of returning it.

EARLY INTERVENTION IS IMPORTANT IN THEFT CASES.
CALL THE LAW OFFICES OF JEROD GUNSBERG AT (310) 210-0744
FOR A FREE CONSULTATION – 24 HOURS A DAY/7 DAYS A WEEK