THEFT CRIMES

Theft crimes include any of the following:

  1. Auto Theft
  2. Burglary
  3. Embezzlement
  4. Extortion
  5. Fraud
  6. Grand Theft
  7. Shoplifting
  8. Petty Theft
  9. Identity Theft
  10. Larceny
  11. Receiving Stolen Property

A few definitions of Theft Crimes:

Larceny
Larceny is the taking and carrying away the "tangible personal property of another by trespass with intent to permanently deprive the person of his interest in the property." Thus, real estate, services and other intangible "properties" cannot be objects of larceny.

Burglary
Burglary is illegally breaking into someone else's property with a plan or intention of stealing something from that property. The seriousness of the crime can depend on when and where the crime occurred, whether or not people were present when the crime was committed, and the use (or non-use) of a weapon.

Embezzlement
Embezzlement is a serious theft crime carried out by employees who are familiar with the business and exploit that knowledge for illegally taking money. The significant difference between embezzlement and other theft crimes is that embezzled property is legally possessed or accessed by the person doing the embezzling.

THE PUNISHMENT FOR A THEFT CHARGE varies substantially:

In California, a first time petty theft (for stealing something valued under $400) generally results in a fine and probation while a grand theft charged as a felony could require a state prison sentence.

Petty Theft
In most cases, first offenses such as shoplifting are punishable by a small fine and 1 to 3 years of informal probation.  However, most problems associated with a petty theft are collateral to the court punishment.  It can be very difficult for individuals to acquire jobs with a theft conviction on their record.

A second or third theft/shoplifting offense is a much more serious matter because it can be charged as a felong.

Grand Theft
When a person steals goods worth over $400 or money exceeding $400, it is a serious offense and can be charged as either a misdemeanor or a felony.

With Grand Theft, you could be facing any number of penalties, including:

  1. Community service, County jail time or time in state prison.
  2. Probation or parole
  3. Restitution (paying back victims for their loss)
  4. Court-ordered counseling
  5. Fines

Avoid Theft Charges or Conviction
If you have been arrested or accused of a theft crime, it is important to retain an attorney with experience in theft cases in order to get a favorable result. There’s no doubt that an attorney who is not as familiar with the nuances of various theft laws may miss an important opportunity for dropped or reduced charges, or even acquittal.