Although the California Penal Code lists many different types of theft offenses, a San Diego theft lawyer can explain that all theft offenses involve the intentional and unlawful taking of the property of another person. For a theft to have occurred, the person who took the property must have had the intention to permanently deprive the rightful owner of the property. The specific theft crime an accused is charged with will depend on the type of property taken, the value of the property and the manner in which the property was taken. Petty Theft California law defines a theft of property with a reasonable fair market value of $950 or less as a petty theft. Most people arrested for petty theft as a result of shoplifting, for example, are …show more content…
There is also a possibility that a San Diego theft lawyer could convince the court to offer a pre-trial diversion program to the accused, which if completed could allow the person to avoid prosecution. Alternately, under certain circumstances, such as if the accused has three or more prior petty theft convictions, a petty theft can be charged as a felony. Grand Theft If the value of the property taken that exceeds $950, the offense is considered grand theft. In addition, if certain property is taken from another, grand theft will be charged no matter what the value. A San Diego theft lawyer indicates automobiles, firearms and livestock are included. Grand theft is what is known as a “wobbler,” in that it may be charged as either a misdemeanor of as a felony. A felony conviction may result in prison time of 16 months, two years or three years. The prosecution is more likely to charge the theft as a felony if the accused has a prior theft or related offense, or has some other serious or violent felony conviction. Under other circumstances, a theft crime may be considered a strike under California’s Three Strikes Laws. Other Theft