THEFT & PROPERTY CRIMES DEFENSE

Overview

Theft and property crimes are some of the most commonly charged offenses in California—and also some of the most misunderstood. Whether you’re accused of shoplifting from a retail store or embezzling funds from an employer, these charges carry serious consequences, including jail time, fines, and lasting damage to your record and reputation.

At Jones Trial Attorneys, we take an aggressive approach to defending clients against theft-related charges, examining every detail to find leverage—whether that’s a lack of intent, mistaken identity, or a civil dispute masquerading as a criminal case.

Legal Definition

Property crimes generally involve the unlawful taking of someone else’s property or causing damage to it. California law distinguishes between petty theft and grand theft based on the value and type of property taken. These offenses are prosecuted under the California Penal Code, and some are “wobblers,” meaning they can be charged as either misdemeanors or felonies.

Common Theft & Property Charges in California

PC § 484 – Petty Theft

Theft of property valued under $950. Usually charged as a misdemeanor, but can carry enhancements for prior convictions.

PC § 487 – Grand Theft

Involves property worth more than $950, or theft of certain items (e.g., firearms or vehicles) regardless of value. A “wobbler” offense that can be charged as a felony.

PC § 459 – Burglary

Entering a structure with the intent to commit theft or any felony. First-degree burglary (residential) is always a felony and a strike under California’s Three Strikes Law.

PC § 496 – Receiving Stolen Property

Knowingly purchasing, receiving, or concealing stolen property. A “wobbler” depending on the value and circumstances.

PC § 459.5 – Shoplifting

Entering a commercial establishment during business hours with intent to steal property worth $950 or less. Enacted under Prop 47.

PC § 666 – Petty Theft with a Prior

Elevates a misdemeanor petty theft charge to a felony if you have certain prior theft-related convictions.

PC § 470 – Forgery

Signing someone else’s name or falsifying a document with intent to defraud. Can include checks, legal documents, or contracts.

PC § 594 – Vandalism

Damaging or defacing property. If damage exceeds $400, the charge may be filed as a felony.

Penalties

Penalties for theft and property crimes depend on the specific offense, the value of the property involved, and your prior record. Possible consequences include:

• Jail or prison time
• Fines and restitution
• Probation or parole
• Mandatory community service
• Loss of immigration status
• Barriers to employment or licensing
• Strikes under California’s Three Strikes Law (for certain felonies)

Legal Defenses to Theft Charges

At Jones Trial Attorneys, we investigate all possible defenses to fight for dismissal, reduction, or acquittal. Common strategies include:

• Lack of Intent
• Many theft crimes require intent to permanently deprive the owner of property. Borrowing or misunderstanding may not qualify.
• False Accusation
• Disputes between ex-partners, co-workers, or business associates can sometimes lead to unfounded allegations.
• Mistaken Identity
• Especially in shoplifting or surveillance-based cases, the real perpetrator may not be the defendant.
• Ownership or Right to Possession
• You can’t “steal” what you reasonably believe you own or have permission to take.
• Consent
• If the alleged victim gave permission—explicit or implied—then the act may not be theft.
• Police Misconduct or Unlawful Search
• If the evidence was obtained illegally, it may be excluded from court under the Fourth Amendment.

Immigration & Employment Consequences

Theft crimes are considered crimes of moral turpitude, which can have severe consequences for non-citizens, including:

• Deportation
• Inadmissibility (e.g., denial of green card, visa, or reentry)
• DACA or asylum disqualification

They can also:

• Jeopardize state licenses (contractors, nurses, accountants)
• Disqualify you from jobs or housing
• Lead to civil lawsuits for restitution or damages

We always assess these factors in our case strategy and advise you accordingly.

Related Offenses

• PC § 530.5 – Identity theft
• PC § 211 – Robbery
• PC § 602 – Trespassing
• Business & Professions Code § 25658 – Selling alcohol to minors
• PC § 182 – Criminal conspiracy involving theft

Why Choose Jones Trial Attorneys?

We are experienced trial lawyers who know how to challenge weak evidence and hold the prosecution to its burden of proof. Whether you’re accused of shoplifting or serious commercial burglary, our team will build a custom defense strategy designed to protect your record, your reputation, and your future.

We negotiate from a position of strength and prepare for trial from day one.

Call Now – Free Consultation

Don’t let a theft charge define your future. We can help you fight back, clear your name, and move forward.

📞 Call (866) JTA-WINS or reach out online for a confidential case evaluation with an experienced theft crimes attorney.