Grass Valley And 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 giving 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 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 $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 or 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 a fine not exceeding $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 $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 $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 $1.3 million, 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 $3.2 million, 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.

Contact The Sierra Law Center, APC

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 by calling 530-798-3548 or filling out the online contact form.

Northern California | Theft Crimes | Criminal Defense Attorney Jacob Zamora, Esq.