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Theft Lawyer in Santa Ana
Theft is defined as stealing or taking property without the intention of returning it. If you’ve been charged with theft, contact our criminal defense lawyer in Santa Ana to schedule a free consultation.
Types of Theft
Theft offenses in California are classified based on the fair market value of the stolen property. Depending on the value of the property, theft can be charged as a misdemeanor or a felony.
Petty Theft
If the stolen property is valued at $950 or less, the crime is petty theft. This offense is most often considered a misdemeanor. One notable exception is if the property stolen was worth less than $51, in which case it may be charged as an infraction only. Misdemeanor petty theft carries a maximum of six months in jail and/or a fine of up to $1,000. Infractions are punishable by a fine of up to $250.
Another exception to the misdemeanor petty theft standard is in the case of repeat or prior convictions. In these cases, the theft is considered a wobbler, meaning it can be classified as either a misdemeanor or a felony.
Grand Theft
Grand theft occurs when the value of the property exceeds $950 or if the stolen property was a firearm. Grand theft is also a wobbler, except when a firearm is stolen. Theft of a firearm is a felony in California and is punishable by a prison sentence of up to three years. Misdemeanor grand theft can result in a sentence of up to one year.
Grand Theft Auto
A subcategory of grand theft is grand theft auto, which is the crime of taking someone else’s motor vehicle with the intention to permanently deprive them of possession. Just like most other grand theft offenses, this can be classified as a misdemeanor or felony charge.
If you’ve been charged with petty or grand theft in Santa Ana or Orange County, you will need legal help to build your defense. The Law Office of Sheny Gutierrez has a proven track record of success defending theft crimes, and we will give you the best possible chance at a favorable outcome.
Robbery, Burglary, and Theft Crimes in Santa Ana
Oftentimes, these terms are used interchangeably, but they are not the same criminal offense. Robbery occurs when property is taken from another person using force, violence, or threats. Robbery is a violent crime and is sometimes referred to as felonious taking. With theft, there is no violence or threat of violence, and the property is not stolen from the owner or in their immediate presence. Burglary involves the defendant entering a building with the intent of stealing another person’s property or committing a felony. Burglary does not always involve theft.
Theft is an umbrella term that includes many different types of criminal acts, such as larceny, which is the unlawful taking of someone else’s property. Theft can occur in a number of ways, including:
- Through false pretenses by using deception or inaccurate representations
- Through embezzlement
- By failing or refusing to return borrowed or rented property
- Taking lost or unclaimed property without trying to find the owner
If you have questions about your theft charges, the criminal defense team at The Law Office of Sheny Gutierrez can help. We are happy to review your case and provide legal assistance. Our clients trust us to provide dedicated, skillful legal representation against all of their criminal charges.
Theft Defenses in Orange County
The best defensive strategy will be built upon the specifics of your case, but there are some common approaches that can serve as a baseline or foundation for most defenses. Proving that you stole the property by accident can establish there was no intent, which means no crime was committed. For example, leaving a store without paying for an item is an honest mistake that many people have made. Other defenses include false accusations and unlawful search and seizure.
When you need a theft lawyer in Santa Ana who will defend your rights, contact The Law Office of Sheny Gutierrez to schedule your free consultation.
