THEFT OFFENSES

What counts as theft in California?

In California there are many charges classified as theft offenses. Most people understand theft to mean taking something that doesn’t legally belong to you, but in California there is a legal definition of what theft is.

The definition varies depending on what form of theft you are charged with, but in general, theft as defined by California Penal Code 484, is:

wrongfully or unlawfully taking (physically taking or driving away, or by fraud/deception
the property of another (including personal property, money, services, or the value of such)
with the intent to permanently take or withhold it from the true owner’s right of possession

To convict a person of a crime, the State must prove all of these elements beyond a reasonable doubt. Here is a breakdown of these elements, and what they mean:

Wrongfully or Unlawfully Taking

This element means that you had no lawful reason to possess or control that property. This element may be met by obtaining the property through deception, theft, taking it without the owner’s permission, or retaining property that isn’t yours even if mistakenly given to you. If you had permission to have the property, then that is a defense as you did not wrongfully obtain it.

Property of Another

This means whatever the property is- which can be a physical object, a service, or the value of an object or service- it did not lawfully belong to you. For example, this would include a situation where someone received a service, like a haircut, and then left without paying for it. However, if the property actually belonged to you, and not someone else, you have a defense as this element could not be proven.

Intent to permanently take or withhold from the possession of the true owner

First, this element speaks to your intentions. If you mistakenly took someone’s property or mistakenly left with a service without paying, then you have a defense because this element would not be proven. To prove this charge it must be proved that you intentionally took the object with either the intention to never return it, or to deprive the true owner of their right to possess their own property. This means that due to your actions with the property, the true owner of it was not able to make lawful use of their property. Be aware that the person does not have to have an actual need to use their property; the fact that they could not have used it if they wanted to is sufficient, because it interferes with their legal right to their property. For example, if you used someone’s car without permission, and they did not need to actually use the car while you had it, that is not a defense to theft, because they had a legal right to use their car which they were not able to exert.

WHAT ARE CALIFORNIA THEFT OFFENSES?

In California there are different theft offenses for different situations, and they range from misdemeanors to felonies.

Here is a list of Common California Theft Offenses:

Read more about a charge by clicking on it below:

Petty Theft
Robbery
Shoplifting
Robbery
Burglary
Vehicle Theft Offenses
- Grand Theft Auto
- Joyriding (Unlawful Taking or Driving of a Vehicle)
- Carjacking
Possession of Stolen Property
Organized Retail Theft
Fraud Charges
- Identity Theft
- False Impersonation
  - Providing False Identification to an Officer
  - Possession of a Fake ID
- Financial Fraud
  - Insurance and Benefit Fraud Charges
- Extortion

WHAT CAN I DO ABOUT A CHARGE FOR A THEFT OFFENSE?

What should I do if I am accused of a theft offense?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. In fact if you are charged with this as a misdemeanor sometimes a compromise can be reached where your case is dismissed if you are able to cover the costs of the alleged theft. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with a theft offense?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial.