Have you been arrested for a theft crime?
Theft is defined as taking someone else’s property without permission. This can cover a wide range of charges, such as burglary, robbery, grand theft auto, and embezzlement. Depending on the amount that was stolen, these will fall under grand theft or petty theft. Law enforcement officials do not take theft crimes lightly because they consider it to be a crime of moral turpitude, a crime contrary to community standards of good morals. This means that not only can you be imprisoned and fined, but your licenses can be taken away. If you are an immigrant, this can be especially concerning because you could get your visa or green card revoked and be forced to return to your home country.
Unfortunately, many people get wrongly accused of theft because of misleading evidence or false testimony. Others just make a mistake, even though they have always been respectable citizens. These individuals don’t deserve the jail time, license revocation, and huge fines with which prosecutors want to punish them. If you have been charged with a theft crime, then you should call San Jose theft offenses lawyer, Edward N. Ajlouny, Attorney at Law. My firm can provide you with the aggressive representation you need to fight your charges.
Under California Penal Code 459, burglary is defined as entering a premise with the intent to commit a theft crime. It is more commonly known as “breaking and entering”. Depending on the circumstances surrounding the case and criminal history, burglary can be a “wobbler” offense, meaning it can classify as either a felony or a misdemeanor.
Robbery is when a person takes someone else’s property from his or her body or possession using force or fear. According to CA Penal Code 211, taking property is defined as gaining possession or carrying it away. In California, robbery is a felony offense that carries jail time of 2-9 years and potentially heavy fines.
Grand Theft Auto
California Penal Code 487 states that grand theft auto is when a person steals a vehicle with the intent of permanently depriving the owner of the vehicle. This is a felony charge in California, no matter the value of the vehicle. It is important to note that if you break into the car or use assault to take it, then additional burglary and robbery charges could be added to your grand theft auto charges.
An individual can be charged with embezzlement if they are found to have unlawfully taken something which has been entrusted to them, including personal property or money. Embezzlement is a type of white collar crime, often committed by employees. According to CA Penal Code 503, it differs from other crimes mainly because of the faxt that the item is “entrusted.” To be charged with embezzlement, the individual must have been given the authority to access it and then taken it for their own .
Grand theft falls under California Penal Code 487 PC and is defined as the taking of any property over the value of $950. Grand theft is almost always charged as a felony (though it is considered a “wobbler” and may be charged as a misdemeanor) and if you are found guilty you can be facing harsh punishments. A maximum of three years in California State Prison, fines, a strike on your record and a lifetime as a felon are the general punishments. Common forms of grand theft include grand theft auto and grand theft firearm.
Petty theft, also known as shoplifting, falls under California Penal Code 484 & 488. The difference between petty theft and grand theft is the value of goods that were stolen. If the total value falls under $950 or less, it is considered petty theft. Petty theft is always considered a misdemeanor but can still be elevated to a felony. If you have been arrested for shoplifting or petty theft crimes, you may be facing a maximum fine of $250, the return of the goods or equal value to the original owner and up to six months in county jail.
My firm can help you!
If you have been arrested for a theft crime, then you need a San Jose criminal attorney from Edward N. Ajlouny, Attorney at Law, who will aggressively fight for your rights. My firm is proud to offer our clients the expertise of an experienced lawyer who will never take no for an answer. My prior military training has helped shape me into a results-oriented legal representative for my clients. Do not face the California criminal justice system alone. If you have been accused of theft, contact a San Jose theft crimes lawyer at my firm today to receive a free case evaluation.