Lakewood Theft Lawyer
Lakewood Theft Attorney
Theft is no small thing to be charged with. Theft crimes in California can range from misdemeanors to serious felonies. You could lose your job, your money, and your future if you don’t know how the system works. By understanding theft laws in Lakewood and Los Angeles County, you can help protect your future, and a Lakewood theft lawyer can help.
About the Law Offices of Christopher J. McCann, APC
Clients who come to the Law Offices of Christopher J. McCann, APC, know they can get personal attention from an attorney who cares about their case. Chris has been practicing criminal defense and DUI law for over 15 years, all over Orange County and neighboring cities. He’s committed to guiding you through your rights and choices to safeguard your future during challenging times.
Understanding California Theft Laws
The state of California defines theft quite loosely under California Penal Code § 484. Essentially, anyone who steals another person’s property and intends to keep it away from the owner permanently is guilty of theft. This can include shoplifting, picking pockets, forgery, embezzlement, and fraud.
Grand theft is much more serious under California Penal Code § 487. Grand theft occurs when the property stolen is valued over $950 or the property falls under certain categories, such as firearms or cars.
In Lakewood, the prosecution will focus on the specifics of your case. They will look at how much the property is worth, what kind of property it was, what happened during the alleged crime, and if you have any prior offenses. Lakewood theft crimes can be charged as misdemeanors or felonies based on the details of your case.
Common Theft Charges
According to NeighborhoodScout, Lakewood had 1,290 thefts and 474 vehicle thefts in a given year. This resulted in a rate of 16.43 and 6.04 per 1,000, respectively. There are many different theft crimes that you could be charged with, depending on what happened. Some common theft charges you may face include:
- Petty theft
- Grand theft
- Shoplifting from a store
- Burglary with intent to commit theft
- Embezzlement
If you understand what type of theft crime you are being charged with, you can better understand your legal options.
Theft Penalties in Lakewood, CA
Convictions for theft crimes can range from minor penalties to years in jail. Some petty theft offenses are charged as misdemeanors, which can lead to fines, probation, and up to six months in jail. However, if you already have priors for theft offenses, you can face increased penalties.
Felony charges such as grand theft could be punished with either jail or prison time, fines, and formal probation. The impact of a felony theft charge can be long-lasting, potentially affecting your ability to secure employment or housing for years. Theft crimes can also lead to civil punishments. If you are found guilty or plead guilty to a theft offense, the court may require you to pay back the value of the item(s) that you stole.
Defenses to Theft Charges in Lakewood
If someone accuses you of theft, that doesn’t necessarily mean you will be convicted. Depending on the circumstances, you may have several defenses available to you. Perhaps the most obvious defense is that you didn’t intend to commit theft. Because intent is required for theft, you can defend yourself by proving you did not have the intent to steal.
You also may be able to defend against theft charges by proving your identity was mistaken. Stores are often crowded and hectic. If there is more than one person involved, someone may have assumed you were the thief. Eyewitness accounts and video evidence aren’t always as dependable as they seem at first glance.
You may be able to use consent as a defense in some situations. If the owner allowed you to take or use the property, you did not meet all the elements of theft.
Hire a Theft Lawyer
It is always your decision on whether or not to hire a theft lawyer. A Lakewood theft attorney can explain your charges and help you understand what you are up against. A criminal defense attorney in Lakewood, CA can meet with you and go over the evidence that the prosecutor has against you. They can explain your options and the potential consequences you are facing based on the circumstances of your case.
An attorney may be able to find issues with the prosecutor’s case. You might not have intended to take anything, or perhaps the prosecution lacks proof of the crime. If your attorney acts quickly, they may be able to negotiate with the prosecutor to reduce your charges.
FAQs About Lakewood, CA Theft Laws
What Evidence Is Needed to Prove Theft in Lakewood?
In Lakewood, prosecutors have to prove that the accused person took someone else’s property without their consent and intended to keep it. Surveillance videos or eyewitness accounts could be used as evidence, as well as financial statements or receipts. Ultimately, prosecutors must link the accused person to the crime and establish that they intended to steal the property. Although proving all elements of theft can be challenging, intent is usually the most difficult.
How Much Money Can Someone Steal Before It’s a Felony in California?
Stealing property or assets worth $950 or more is typically considered felony theft in California. However, stealing certain items can result in felony charges, no matter the value. Additionally, theft offenses that are petty felonies can be charged as felonies if the defendant has previous theft-related offenses on their record.
What Is the 3-Felony Rule in California?
The three-strikes law in California, designed for repeat offenders, automatically imposes harsher sentences upon a third felony conviction. If a person has one prior serious or violent felony offense, their sentence is doubled if they are convicted of a new felony offense. A person with two prior serious or violent felony convictions will receive a sentence of 25 years to life if they are convicted of a third felony offense.
What Are the Five Elements of Theft?
The elements of theft can vary, but they typically contain five aspects: 1. The accused person takes property, 2. That property belongs to someone else, 3. The property was taken without permission, 4. There is intent to permanently deprive the owner of the use or possession of the property, and 5. The property was moved from its original position. Each of these elements must be proved beyond a reasonable doubt.
Contact the Law Offices of Christopher J. McCann
If you have been accused of theft, do not wait to seek legal guidance. The Law Offices of Christopher J. McCann, APC, can help. Contact us today for more information.
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