You may be charged with a misdemeanor or a felony for a theft-related offense in California.
The type of charge will depend on the conduct. Most theft charges include petty theft (Penal Code section 484), grand theft (Penal Code section 487(a), burglary (Penal Code section 459), insurance fraud (Penal Code section 550(a)(6)), car theft (Penal Code section 10851(a)), car-jacking (Penal Code section 215(a)), robbery (Penal Code section 211) and white collar crime or money laundering.
Penal Code section 484: Petty theft is a misdemeanor. The district attorney must prove that the defendant committed the crime of theft and the property obtained was valued at nine hundred and fifty dollars or less.
Penal Code section 487(a): Grand theft is usually charged as a felony. The district attorney must prove the defendant took money, labor, or real or personal property from another and the value of said money, labor, or real or personal property taken exceeded nine-hundred and fifty dollars.
Penal Code section 459: Burglary may be charged as a felony or a misdemeanor depending on if the amount in dispute was more than $950 dollars. The district attorney must prove the defendant entered a building with the specific intent to steal and take away property belonging to another, and to deprive the owner permanently of that property or with the specific intent to commit the crime of burglary.
Penal Code section 548(a): Insurance fraud may be a felony or a misdemeanor. The district attorney must prove the defendant willfully injured, destroyed, secreted, abandoned, or disposed of property. The property was insured against loss or damage by theft, embezzlement or any casualty and the defendant acted with the intent to defraud or prejudice the insurer, whether the property was the property or, or in the possession of, the insurer or another person.
Penal Code section 10851(a): Vehicle theft may be charged as a felony or a misdemeanor. The district attorney must prove that the defendant took or drove a vehicle belonging to another person, the other person had not consented to the taking or driving of his or her vehicle, and when the defendant took or drove the vehicle, he or she had the specific intent to deprive the owner either permanently or temporarily deprive the owner of his/her title to or possession of the vehicle.
Penal Code section 215(a): Carjacking is a serious felony strike offense. The district attorney must prove that the defendant feloniously took a motor vehicle from the possession or immediate presence of the victim, the victim was either the driver or the passenger of said motor vehicle, the motor vehicle was taken against the will of the person in possession, the taking was accomplished by means of force or fear, and the defendant acted with the intent to either permanently or temporarily deprive the person in the possession of the vehicle of that possession.
Penal Code section 211: Robbery is a serious and violent felony strike offense. The district attorney must prove that the victim had possession of personal property of some value, however slight, the defendant took personal property from the victim or from his or her immediate presence, the property was taken against the will of the victim, the defendant’s act of offense was accomplished either by force or fear and the defendant acted with the specific intent to permanently deprive the victim of the personal property.
HHJ trial attorneys has represented hundreds of clients in theft-related cases. Theft-related cases often require more time and resources than the average criminal case. Please contact HHJ Trial Attorneys to ensure you are getting the best defense for your theft-related case.
Attorneys With Compassion
Once you have been charged with a crime, the allegations themselves can place a stigma on you. People in the community may feel that there is some truth to the allegations by the mere fact that the charges exist. The attorneys at Hepburn, Hernandez and Jung Trial Attorneys always put the client first and are never dissuaded by the charge. We stand behind our clients no matter what and use our skills and experience to put the best narrative forward against the government. Each client will have a team of skilled trial attorneys fighting for them at each stage of the criminal process.
Attorneys That Negotiate Great Results
Around ninety-five percent of criminal cases settle before trial. This means that around ninety-five percent of the criminal cases result in some sort of guilty plea or dismissal. Only around five percent of criminal cases end up going to trial. Once a criminal case is filed, the prosecutor will try to get the defendant to take a plea deal. It will be up to the client’s defense attorney to effectively advocate for his/her client so that the prosecutor gives a good plea deal. The defense attorney has to show the prosecutor and the judge why the defendant deserves a good plea deal or why the case should be dismissed. HHJ Trial Attorneys has settled thousands of criminal cases before trial. HHJ has the expertise in knowing what a case is worth and if the client should take a plea deal or if the case is worth taking to trial. HHJ has years of experience effectively creating plea deals that the client and the district attorney feel comfortable accepting. However, sometimes settlement is not an option because the client is innocent or the offer is not worth accepting. In that situation, the attorneys at HHJ Trial Attorneys know exactly how to litigate the case in a jury trial.
Highly Skilled Trial Attorneys
If you have been charged with a crime it is incredibly important to have an experienced trial attorney fighting in your corner. There is a big difference between someone who is an attorney that practices criminal defense and a person that is a trial attorney. An attorney can go through his or her entire career without doing a single jury trial. Most attorneys will push cases to settle quickly because they do not want to deal with the stress of a jury trial. Prosecutors know which criminal defense attorneys frequently take cases to trial and how successful they are. Prosecutors have a strong incentive to provide better plea deals to highly skilled trial attorneys because prosecutors know that they will get outmaneuvered and out-lawyered in trial which will result in public shame and humiliation. The lawyers at HHJ Trial Attorneys have a reputation in the field as being expert trial attorneys that litigate at the highest level. HHJ has won countless jury trials where the prosecutor thought they had a slam dunk winner.
The Criminal Process
Here is a list of the general criminal process for a defendant charged with a crime. The process may change depending on defense strategy.
Defendant gets arrested
Defendant gets charged with a crime(s)
Arraignment – This is the first court appearance for the defendant where the complaint, charges, constitutional rights and maximum penalties are read to the client.
Readiness Conference – This will be the second time a defendant comes to court to negotiate the case with the prosecutor.
Preliminary Hearing – This is a separate court hearing for defendants charged with a felony offense. The prosecutor will present witnesses at this court hearing and the defense attorney will have a chance to question the prosecutor’s witnesses. If a person is charged with only misdemeanor offenses, he or she will not have a preliminary hearing. The judge will determine if the probable cause standard is met to go forward with the charges.
Second Readiness Conference – This is another status conference where the defense attorney can negotiate the case with the prosecutor.
Jury Trial – If the parties have not been able to settle the case, the case will move forward to trial. The length of the trial depends on the type and complexity of the case. Parties can reach a settlement agreement at any point before a jury verdict.
