How Serious are Theft Charges?

Criminal charges of any kind must be properly addressed to protect your rights and your future, but just how serious are theft charges? They’re more serious than many people realize, and the penalties can have lasting consequences.

Theft — whether it’s a minor shoplifting incident or a high-value embezzlement case — is treated with increasing gravity depending on factors like the type and value of the property stolen, prior criminal record, and the specific circumstances of the offense.

Understanding the different types of theft charges and the possible outcomes can help you appreciate just how serious theft charges are and the importance of a solid defense strategy.

Types of Theft Charges in California

Theft crimes generally fall into two main categories in California. These categories are:

Petty Theft: Petty theft typically involves the unlawful taking of property valued at $950 or less. Common examples include shoplifting or stealing items with a low dollar value.
Despite being a misdemeanor, petty theft charges can still carry fines, jail time, and long-term impacts on a person’s record.
Grand Theft: Grand theft refers to the unlawful taking of property valued over $950. It also includes theft of certain types of property, like firearms or automobiles, regardless of their actual value.
Grand theft is a more serious offense and can be charged as either a misdemeanor or a felony, depending on the case details and prior convictions.

Some other theft-related charges you might encounter include embezzlement, auto theft, identity theft, or robbery. Each has its own unique legal definitions and consequences.

How Theft Charges Are Determined

California courts consider several factors to determine the severity of theft charges, including the following:

Value of Property Stolen. This is one of the primary factors. If the property is valued over $950, the charge will likely be elevated to grand theft, which carries harsher penalties.
Type of Property. Certain items, like firearms or vehicles, can automatically lead to grand theft charges even if they’re valued under $950.
Circumstances of the Theft. If force or intimidation was used to take the property, this can elevate a theft charge to robbery, which is treated as a violent crime and carries much more severe penalties.
Prior Convictions. Individuals with previous theft convictions may face heightened penalties under California’s three-strikes law, potentially resulting in longer prison terms.

How Serious are Theft Charges? Possible Penalties

The penalties for theft vary depending on the type of theft, the circumstances, and the defendant’s criminal history. Here are some examples:

Petty Theft: Penalties typically include up to six months in county jail and/or fines of up to $1,000 for a first offense. However, prior convictions or additional charges can increase the penalties.
Grand Theft: If charged as a misdemeanor, grand theft can result in up to one year in county jail. If charged as a felony, however, the sentence may include 16 months, two, or three years in state prison, depending on the details of the case and any prior record.
Aggravating Circumstances: Additional factors, such as using force or taking property from another person’s immediate possession, can lead to enhanced charges like robbery, which can carry penalties of up to five years in state prison or longer if weapon use is involved.

Legal Defenses Against Theft Charges

Being charged with theft doesn’t mean a conviction is inevitable. There are several legal defenses that an experienced criminal defense attorney can explore. Here are some of them:

Mistaken Identity. Theft charges often arise from situations where the accused was misidentified, such as in cases of mistaken identity or surveillance errors.
Lack of Intent. Intent is a critical element of theft charges. If it can be shown that the defendant did not intend to steal or permanently deprive the owner of the property, the charge may not hold up.
Claim of Right. This defense asserts that the defendant believed the property was legally theirs, negating the intent to steal.
Entrapment. If law enforcement induced the defendant to commit theft, a defense of entrapment may be possible, especially in cases where undercover officers are involved.

A skilled defense attorney like Mark Broughton will analyze the unique aspects of your case to determine the best possible defense.

The Importance of Working with an Experienced Criminal Defense Attorney

Facing theft charges can be overwhelming, especially when the penalties can have such lasting effects. A knowledgeable criminal defense attorney can help by negotiating with the prosecution, exploring possible plea deals, or building a strong case to take to trial.

If you or a loved one has been charged with theft, contact Mark Broughton for a free consultation. With decades of experience, Mark can guide you through the legal process, protect your rights, and pursue the best possible outcome in your case.

Contact Mark Broughton for a free consultation. Discuss your case with him and learn how he can help you navigate this difficult situation.

Call 559-691-6222 or click here to use our convenient online form to get legal help today.