Theft is the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it.
In the State of California, the severity of a theft charge depends on the value of the property taken and the circumstances surrounding the offense.
If you are facing a petty or grand theft charge in Ventura, it’s critical to choose a defense attorney who understands both the legal system and the potential impact a conviction can have on your future, especially under California’s Three Strikes Law.
What is petty theft?
Petty theft involves the unlawful taking of property valued at $950 or less. In California, this is classified as a misdemeanor and carries less severe penalties than grand theft. Examples of petty theft include shoplifting or taking another person’s property without permission.
Penalties can include up to six months in county jail, restitution to the victim, and/or a fine of up to $1,000.
What is grand theft?
Grand theft involves taking property valued at more than $950. It may also include stealing specific items such as firearms, vehicles, or livestock, regardless of their value. Grand theft is a “wobbler” in California, meaning it can be charged as either a misdemeanor or a felony, depending on the prosecutor’s discretion. The penalties for grand theft generally range from 1 to 3 years in jail.
It’s important to remember that California’s Three Strikes Law can enhance sentences if there is a prior serious conviction.
What is grand theft by larceny?
This occurs when someone unlawfully takes and moves property worth $950 or more, intending to permanently deprive the owner of it. To convict, the following must be proven:
- The property was taken without the owner’s consent.
- The property was moved, even a short distance.
- The accused intended to permanently deprive the owner of the property.
Possible defenses when facing grand theft by larceny charges
- There was no intent to permanently deprive the owner, as the defendant believed they had permission or intended to return the property.
- The defendant did not commit the theft, which can be proven, leading to an acquittal.
What is grand theft by false pretense?
This occurs when someone acquires property by deceiving the owner through false statements or misrepresentation. To convict, the following must be proven:
- The accused made a false statement or misrepresentation.
- The accused intended to deceive the victim.
- The victim relied on the false statement when transferring their property.
Possible defenses when facing grand theft by false pretense charges
- The statements made were true or not misleading, negating the misrepresentation claim.
- The victim did not rely on the false statement when transferring their property, meaning the elements of the charge are not met.
What is grand theft by trick?
Grand theft by trick involves obtaining possession of someone’s property through deception, but without the original intent to permanently deprive the owner. The prosecution must prove:
- The accused used trickery to gain possession of the property.
- The property was obtained from the victim.
- The accused may have intended to return the property.
Possible defenses when facing grand theft by trick charges
- No deceit was involved in obtaining the property, so the elements of the charge are not met.
- The defendant had a genuine intention to return the property, negating the theft charge.
What is grand theft by embezzlement?
Grand theft by embezzlement occurs when a person who is entrusted with someone else’s property unlawfully takes or uses that property for personal benefit. This is often seen in employment scenarios where an employee misappropriates company funds. The prosecution must prove:
- The property was in the lawful possession of the accused.
- The accused used the property for personal benefit rather than its intended purpose.
- The accused intended to permanently deprive the owner of the property.
Possible defenses when facing grand theft by embezzlement charges
- The defendant did not intend to permanently deprive the owner of the property.
- The defendant had permission to use the property.
Talk to an attorney about your theft charges
If you or a loved one has been accused of petty theft or grand theft in Ventura, it is crucial to get the right defense attorney. While these charges may not initially seem serious, California’s Three Strikes Law can have a significant impact later in life.
With more than 40 years of experience, Ventura criminal defense attorney Robert M. Helfend knows that an aggressive defense is essential, particularly when felony charges or the Three Strikes Law are involved.
We have a proven history of successfully defending against state and federal crimes, including internet fraud, embezzlement, grand theft auto, and more. Our experience allows us to provide the best defense strategy for achieving a favorable outcome.
For a free case review, call us at 800-834-6434 today and let us help protect your future.
Published December 6, 2013. Updated October 7, 2024.