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:
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(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:
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(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.
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.