Theft Crime Lawyer
A Theft Crime Lawyer from San Diego can be of immense help
Theft crimes covers a broad spectrum of offenses ranging significantly in severity. San Diego theft such as shoplifting carry relatively soft sentences that rarely include time behind bars whereas more serious theft crimes like burglary, robbery, and grand theft auto can result in lengthy prison sentences. While theft is commonly described as “the taking of the property of another without permission and with intent to permanently deprive him of that property,” theft crimes are not limited to the act of physically stealing another’s belongings, and include other offenses, including fraud and misappropriation. We at this law firm can provide you the best Theft Crime Lawyer in San Diego.
Because there are so many types of theft, varying widely in seriousness, the penalties vary substantially. The most important factors in determining the severity of a theft are the value of the thing stolen and the person from whom it was taken. Penal Code 486 breaks down theft criminal charges into two main categories: grand theft and petty theft.
Penal Code 487, petty theft is generally characterized by the taking of the real property of another with a value of up to $250, or goods with a value of up to $950. Despite the label of “petty theft,” these offenses can still carry sentences including up to one year in county jail and fines of up to $1,000.
Grand theft is generally characterized by the malicious taking and carrying away of real property with a value greater than $250, or goods with a value greater than $950. Grand theft can also included acts of fraud concerning more than $400.
Burglary is classified under Penal Code 459 and is defined as the entry into essentially any dwelling place with the intent to commit theft or any felony. That means that a person can be convicted of burglary even if nothing is actually stolen, so long as the defendant intended to commit a crime inside the building at the time he entered it. Historically, burglary required “breaking and entering” which involved some application of force to gain entry. However, the code has been modified to include any form of entry.
Entering into any other building not primarily used as a dwelling place is categorized as Second-Degree Burglary, and carries a lesser sentence.
Burglary is often confused with the crime of robbery. In fact, most times people claim to have been robbed, they have, in fact, been burgled. The key distinction between the two crimes is that burglary is a “property crime” while robbery is a “violent crime.” Unlike Burglary, Robbery has no “entering” requirement, but instead involves the taking of property in the presence of another by use of force or fear.
Because it is difficult to prove a person’s intent at a specific period of time, the prosecution often struggles to prove that element of burglary. Without proving beyond a reasonable doubt that the defendant possessed the present intent to commit a felony at the time he entered the building, the prosecution cannot prevail on a burglary charge.
Theft by means of force, or by instilling fear in the victim, is known as robbery. Taking or attempting to take the property that is in the immediate possession of another person is considered a violent crime punishable by probation, extensive prison sentences, parole, community service and the loss of the right to possess a firearm.
FIRST DEGREE ROBBERY
The robbery of a home, apartment or other inhabited dwelling. First degree robbery also includes the robbery of a vehicle (i.e. “carjacking”), and robbery of a person at an ATM.
SECOND DEGREE ROBBERY
When facing robbery charges it’s important to remember that you still have rights as a citizen. Robbery prosecutions rely heavily on evidence from surveillance systems, witness testimony and circumstantial evidence. If you or someone you know has been arrested for or accused of robbery, it is crucial that you consult and enlist the services of an experienced and aggressive defense attorney that will thoroughly investigate your case, cross-examine witnesses and dissect any and all circumstantial evidence.