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GRASS VALLEY | SUSANVILLE | THEFT CRIMES ATTORNEY

Theft is a broad category of crimes. A theft offense generally describes the act of stealing, (the taking), the personal property of another, with the intent to permanently deprive the owner of possession of the property. A theft offense can be committed in various ways, such as, embezzling from an employer, tricking someone into give you an item of value, extortion, auto theft, or using someone's debit or credit card without their permission. These are just a few examples of ways in which you can be charged with a theft related offense.

An issue that can, and often does arise in theft offenses, is the accused's intent. Theft related offenses have an intent element. The accused must either intend to deprive the owner permanently of the item or to deprive the owner of a major portion of the property’s value or enjoyment. This is an essential element and the prosecuting agency must prove that the accused had the requisite intent.

Just like robbery, theft is divided into degrees - grand theft and petty theft.

Grand theft is generally defined as the taking of money, labor, or real or personal property the value of which exceeds nine hundred fifty dollars ($950). There are other circumstances where theft can be classified as grand theft, including, but not limited to, where the property is taken from the person of another, or where the taking involved a firearm.

In all other cases, it is considered petty theft.

Grand theft is punishable as follows:

(a) When the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, two, or three years.

(b) In all other cases, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.


Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.

Additional enhancements can apply to grand theft, (felony charge), cases where the amount of the taking exceeds certain limits. California Penal Code § 12022.6 states:
(1) If the loss exceeds sixty-five thousand dollars ($65,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of one year.

(2) If the loss exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of two years.

(3) If the loss exceeds one million three hundred thousand dollars ($1,300,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of three years.

(4) If the loss exceeds three million two hundred thousand dollars ($3,200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of four years.

No matter if you are charged with a misdemeanor theft offense or a felony theft offense you need to obtain the assistance of a

criminal defense attorney

who understands the criminal process.

Criminal Defense Attorney Jacob Zamora of the Sierra Law Center, APC has handled numerous theft related cases. Contact the Sierra Law Center, APC to discuss your case and learn your Constitutional Rights.
 
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News and Updates
06/22/2011
Not Guilty Verdict
Not Guilty Verdict in Domestic Violence Case. Client was charged with two counts of violating California Penal Code § 273.5(a). Attached to count one of the information was an allegation that the client inflicted great bodily injury in violation of California Penal Code § 12022.7(e). The great bodily injury allegation turned a garden variety felony into a violent felony under California Three Strikes Law. The great bodily injury allegation, if found true by the jury, would have had immediate and long term effects on the client.

Because count one and two were charged as felonies, combined with the great bodily injury allegation, the client was facing up to ten years in state prison.

It took the jury less than one hour to return a verdict of not guilty.
 
 
 
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