San Jose Theft Crimes Lawyer

Defending Against Criminal Theft Charges in Bay Area

Theft is the unlawful taking of property belonging to another person or entity in California. Even a misdemeanor charge can have life-altering consequences. If convicted, you face limitations to your freedom. For example, you may become ineligible for government programs like housing, food share and education grants. Theft crime can take many forms, depending on the nature and value of the property taken. As a result, you may have questions about the allegations against you. Our San Jose theft attorney can help defend you and protect your best interests.

At The Law Offices of Nick Cvietkovich, we believe you deserve the best defense possible against criminal allegations. We recognize that even the least severe theft charge can result in serious penalties. Ultimately, we know a criminal history can follow you for years to come. If you have discovered you are under investigation, then we can use pretrial measures to protect you. 

If charged with a theft crime, then, we can aggressively work to help you obtain a swift and favorable resolution. Schedule your consultation with our firm. Call (408) 898-9770 today!

How Does California Define Theft?

Based on the severity or type of stolen property, theft crimes are prosecutable as felonies or misdemeanors in California. Generally, a criminal defense attorney can help reduce or dismiss some charges. As a result, understanding the distinctions can be very important. However, to do this, it is important to know how a theft crime will be prosecuted. If you have been arrested, you should contact a San Jose theft attorney immediately. 

An experienced theft lawyer can help build a defense for theft allegations that involve:

• Deceit: Usually, most people think theft charges involve taking property without consent. However, you can face allegations based on deceit. An example of this includes price switching on a product.
• Fraud: Generally, these charges involve false pretenses. For instance, this includes lying or impersonating someone else to illegally obtain another’s property.
• Larceny: As a rule, larceny is taking property directly possessed by another party. These charges can involve shoplifting or stealing property from someone’s home or car. Depending on the circumstances, you may face a misdemeanor or felony larceny charge.
• Embezzlement: Embezzlement occurs when a person in a position of trust manipulates records to obtain assets. Usually, this involves stealing entrusted money or property.

What Is the Difference Between Petty Theft and Grand Theft?

Shoplifting or retail theft represents the most common example of petty theft. However, petty theft can also involve the stealing of unattended property or price switching. Usually, these crimes are charged as a misdemeanor. The penalties for a conviction may include up to six months in prison and fines of up to $1,000. Prior convictions may increase the severity of potential penalties.

California law defines petty theft as stolen property valued at $950 or less. Additionally, these charges are involved when property is not taken directly from an owner. For example, taking a package left on your doorstep addressed to a neighbor could be petty theft. However, if the property is an automobile, firearm, or other exception, then the charges can be listed as grand theft.

Depending on the circumstances, with grand theft, you may face a felony or misdemeanor charge. Large-scale retail theft, grand theft auto and robbery represent examples of grand theft offenses. Usually, a judge will consider your prior criminal history, if any. Unfortunately, a felony conviction can carry a penalty including three years in state prison. You may face charges of grand theft when property value is greater than $950 or is directly taken from the owner. Furthermore, the type of property involved can turn a petty theft into grand theft. This involves firearms, automobiles, certain animals, and other items.

What is the Difference Between Burglary and Robbery?

Burglary and robbery are both criminal offenses involving the unlawful taking of property, but they have distinct definitions and legal implications.

Burglary

Burglary involves unlawfully entering a building or structure with the intent to commit a crime inside, typically theft. The key elements of burglary include:

• Unlawful Entry: This means entering a building, home, or structure without permission. The entry does not necessarily have to involve breaking in; simply crossing the threshold can constitute unlawful entry.
• Intent to Commit a Crime: The person must have the intent to commit a crime once inside. While theft is the most common intended crime, the intent can also be to commit other offenses such as vandalism or assault.
• No Requirement for Presence or Force: Burglary can occur whether or not anyone is present in the building at the time. Additionally, the use of force or threat is not a necessary element of burglary.

Robbery

Robbery involves taking property directly from another person through force or the threat of force. The key elements of robbery include:

• Taking Property: The act involves taking or attempting to take personal property from someone else.
• Presence of the Victim: Robbery requires the victim to be present during the crime. The property is taken directly from the victim or in their immediate presence.
• Use of Force or Threat of Force: Robbery involves the use of physical force, intimidation, or threats to compel the victim to surrender their property. This element distinguishes robbery from other types of theft.

Both burglary and robbery are serious offenses, but robbery is often considered more severe due to the involvement of force or threats against a person. Consequently, robbery usually carries harsher penalties compared to burglary. The specific penalties for each crime can vary depending on factors such as the jurisdiction, the circumstances of the offense, and the defendant's criminal history.

Contact our firm online or by calling us at (408) 898-9770. We serve clients throughout the Bay Area.