Vista Theft Defense Lawyer

Theft Charges in San Diego County

Theft, sometimes called larceny, is one of the most common crimes in San Diego.¹ Some of the most frequently charged theft offenses include:

Shoplifting

Entering a business during standard business hours with the intent to steal, and taking, or attempting to take, less than $950 in merchandise can be charged as shoplifting. “Because prosecutors must prove intent for shoplifting cases, and this can be challenging,” explains attorney Peter Liss, “most instances of shoplifting are charged as petty theft, which does not require the prosecution to prove intent.”

Learn more about shoplifting charges on our dedicated practice page.

Petty Theft

Petty theft charges generally apply when someone steals property worth less than $950. In most cases, this offense is a misdemeanor, punishable by up to 6 months in jail and fines of up to $1,000. In rare circumstances, the defendant may instead be charged with a felony.

Learn more about petty theft on our dedicated practice page.

Grand Theft

When prosecutors believe more than $950 worth of goods (or $250 worth of certain agricultural products) were stolen, they will likely file grand theft charges, which can be either a misdemeanor, punishable by 1 year in jail, or a felony, punishable by up to 3 years in prison. “Sometimes, a defense attorney can help their client by convincing the prosecutor to file the charges as a misdemeanor or even as petty theft if the item value is close to the $950 threshold,” says Liss.

Learn more about grand theft on our dedicated practice page.

Burglary

Burglary isn’t simply breaking and entering, as it does not require breaking in. Similarly, it isn’t always a theft crime; burglary occurs when someone enters another person’s property with the intent to commit petty theft or a felony, such as vandalism, battery, or sexual assault. The charge can still apply even if the defendant never took anything or committed another crime, as long as they intended to commit a theft or a felony.

Learn more about burglary on our dedicated practice page.

Other Theft-Related Charges

California law recognizes a variety of theft-related offenses, including:

Auto Theft

“While most people are familiar with grand theft auto, California prosecutors file most auto theft offenses as unlawful taking or driving of a vehicle instead,” explains Liss. Prosecutors typically prefer this charge because California’s grand theft auto law requires prosecutors to prove the defendant intended to permanently deprive the owner of their vehicle. Both offenses carry similar penalties.

Bike and Boat Theft

Taking a bike or boat is a distinct misdemeanor under California Penal Code 499(b) (PC). The law covers bicycles and other cycles, as well as water vessels such as boats, paddleboards, and jet skis. When 499(b) (PC) involves a bicycle, it is punishable by up to $400 in fines and three months in jail. Theft of a vessel is punishable by up to $1,000 in fines and up to a full year in jail. If the property was damaged or unrecovered, you may be required to pay victim restitution.

“While you can be charged with both petty or grand theft and 499(b),” notes Liss, “you can only be convicted of either the unlawful taking of a bicycle or vessel or theft, not both.”

Robbery

While robbery involves the taking of another person’s property, it is typically considered a violent crime as it involves committing a theft using force or fear. If a suspect threatens or hurts a victim during a home invasion, they can be charged with both burglary and robbery. Robbery charges can even be filed if a theft suspect only used force in an attempt to escape.

Fraud and Embezzlement

When theft involves deception or false claims, it is considered fraud. These types of schemes may involve insurance, workers’ compensation, credit cards, and more. Embezzlement is a specific kind of fraud committed by someone entrusted to care for another person’s property. When employees commit embezzlement, it may be called employee theft.

Learn more about fraud and white-collar crimes on our dedicated practice pages.

Additional Theft-Related Offenses

Attorney Peter Liss also represents clients accused of:

• Catalytic converter theft
• Mail theft
• Dine-and-dash
• Organized retail theft
• Keeping lost property you found
• Possession of stolen property
• Looting
• Proplifting

Read more about theft-related charges in our blog.

Defenses to Theft Charges

Many strong defenses apply to theft crimes, and your attorney can help you determine the best defense for your case. Always talk to a lawyer before trying to defend yourself, or you may limit your options later. “If you admit you stole something but the statute of limitations has expired, for example,” warns Liss, “you can’t later claim you didn’t steal it.”

Some defenses your attorney may make to help you fight the charges include:

• False accusations
• You owned the property to begin with
• The theft was accidental
• Insufficient evidence
• Expired statute of limitations
• You were subjected to illegal search and seizure

Pretrial Negotiations and Plea Agreements

In many cases, your attorney may use one or more defenses to come to an agreement with the prosecutor to reduce the number or severity of the charges or minimize your sentence. California offers many diversion program options that can even keep a defendant out of jail and keep the conviction off of their criminal record.

“In some cases, a defense lawyer can work with the District Attorney and the victim to have the charges dropped if you agree to return the property or repay the victim,” says Liss.

What to Do if You’re Accused of Theft

When you have been accused of theft, there are some important things you can do to help protect your rights and future defense options:

• Collect and preserve any evidence.
• Refuse any warrantless searches of your property.
• Do not discuss the accusations with a police officer, security guard, or the victim.
• Write down what you remember about the incident and your arrest.
• Call a lawyer as soon as possible.

Why Choose Peter Liss

As a top theft attorney in Vista, Peter Liss strives to keep clients updated on their cases and advise them on the best actions to take after they are accused. He can argue for lower bail, fight to reduce the charges, and either negotiate a plea bargain or take the case to trial. He always attempts to minimize the sentence or secure alternative sentencing whenever possible.

If you have been accused of theft, please call (760) 643-4050 to start building your defense.