Theft Crimes Lawyer in San Diego

Shoplifting Charges in San Diego

The most commonly occurring form of theft in California is shoplifting, which involves entering a business during standard operating hours with the intent to steal less than $950 worth of merchandise. The prosecution must prove they intended to steal the property when they entered the store. If someone left a store without paying for an item, the prosecution must be able to show it was purposeful, not an accident —like when someone forgets to scan an item at a self-checkout.

Because it can be challenging to prove the intent to steal, the majority of cases that the average person would consider “shoplifting” are charged as petty theft since this offense does not require the prosecution to prove the suspect’s intent upon entering the store.

Shoplifting is usually a misdemeanor, punishable by up to 6 months in jail and $1,000 in fines. If the defendant has a prior conviction for a serious crime such as a sex offense on his record though, it can be a felony, punishable by up to 3 years in jail and $10,000 in fines. When the merchandise was valued at under $50, the prosecution may instead file the charges as an infraction, punishable by only a fine. More severe sentences may apply in cases where the shoplifting was committed as part of an organized theft ring.

Grand Theft

When more than $950 worth of goods are stolen, the charge will be grand theft, which can be either a misdemeanor, punishable by 1 year in jail, or a felony, punishable by up to 3 years in prison. A theft crime defense attorney can be critical in convincing the prosecutor to file the charges as petty theft if the value of the stolen property is around $950, or as misdemeanor grand theft if reducing the charges to petty theft is not a realistic option. Either way, this can help minimize the potential sentence faced by the defendant.

Carjacking and Car Robbery

Suspects face carjacking and robbery charges when a vehicle is taken directly from the driver by force or fear. While these charges are usually charged together, a suspect can only be sentenced once for both crimes. Both carjacking and car robbery are punishable by up to 9 years in prison, but if anyone was injured or a weapon was used, an additional 20 years could be added to the sentence.

Carjacking and robbery count as violent crimes and strikes under California’s three strikes law, so anyone convicted of these crimes must serve at least 85% of their sentence before becoming eligible for parole. If a defendant has a previous strike, their sentence may be doubled. If they have two prior strikes, they will face life imprisonment. These are particularly serious charges requiring an experienced San Diego theft crimes attorney.

Burglary Offenses

What the public commonly refers to as breaking and entering is actually charged as many different crimes in California, including burglary, robbery, and trespassing. In California, burglary does not necessarily involve theft, but instead occurs when someone enters another person’s property with the intent to commit either petty theft or a felony. The charges can still apply even if you never took anything from the property or committed another crime, as long as you had the intent to do so.

While a conviction for auto burglary requires the vehicle to be locked, this is not the case when it comes to burglary of a home or business, so even if the door was wide open, it could still be considered burglary if the suspect entered without permission. While the defendant didn’t actually need to break into a structure, the prosecution still must prove that she intended to commit or did commit a theft or any felony -including vandalism, battery or sexual assault.

Low-level burglaries can be charged as a felony, punishable by up to 3 years in prison, or a misdemeanor, punishable by up to 1 year in jail. If a residence, including a garage or unoccupied home, was broken into, the crime is a strike under the three strikes law, and a felony, punishable by up to 6 years in prison. If someone was in the home at the time, the burglary is a violent felony, even if the victim was never threatened or hurt.

It’s worth noting that even possessing burglary tools such as lockpicking kits can result in misdemeanor charges.

Trespassing and Aggravated Trespassing

When someone illegally enters another person’s property and then denies the owner their property rights by refusing to leave, vandalizing the property, or doing something of a similar nature, this is a misdemeanor punishable by up to 6 months in jail and a fine of $1,000. In some cases, a San Diego criminal defense lawyer can have the charges reduced to an infraction, punishable by only a fine.

A more serious form of trespassing is called aggravated trespassing, which occurs when someone illegally enters another person’s property less than 30 days after making a threat against the property owner, the resident, a neighbor or an employee working on the property. This criminal offense can be a misdemeanor or felony, punishable by up to 1 year in jail as a misdemeanor or 3 years in prison as a felony. Those charged with aggravated trespassing also often face robbery, burglary, domestic violence, stalking, burglary and assault charges.

Embezzlement/Employee Theft

Embezzlement is a specific kind of theft that involves someone taking property from someone who entrusted them to care for it. In California, this is frequently committed by employees and, thus, often referred to as employee theft. At its most basic, embezzlement may be filed as a misdemeanor or felony, punishable by 1 year in county jail if charged as a misdemeanor or 3 years in prison if filed as a felony. Sentence enhancements may apply if the amount taken was very high.