Theft

Let an Alameda County Theft Lawyer Fight For Your Rights

Being accused of property theft can damage more than your reputation. A theft conviction can lead to jail time, hefty fines, and even mandatory restitution. Keep in mind that these penalties only apply if you are found guilty. With the help of an Alameda County theft lawyer, you might be able to beat these charges and avoid a mark on your record.

The reality of theft charges is that they are often misunderstood. These crimes go far beyond taking an object of value from someone else without their permission. You could also be charged with theft of money, goods, or services. Let our team of dedicated defense attorneys help you fight these allegations.

How California Law Defines Theft

California Penal Code § 484 defines theft as the unlawful taking of another person’s property, labor, or money with the intent to deprive them of it permanently. This statute was drafted broadly to make it apply to a wide range of criminal acts. If you have been accused of taking something without permission, you can expect the state to pursue theft charges against you.

Understanding the Categories of Theft Crimes

There are different types of theft charges recognized under California law. While each of these offenses can carry serious consequences, some include harsher maximum penalties than others. Our firm can advise you of the legal jeopardy you face and help you build a winning defense.

Petty Theft

Petty theft involves the unlawful taking of property valued at $950 or less. It is typically charged as a misdemeanor under California Penal Code § 490.2. Penalties may include up to six months in county jail, fines, and probation. Although considered a lower-level offense, a conviction can still result in a criminal record that affects your employment and housing opportunities.

Grand Theft

The state will pursue grand theft charges in cases where the value of the property taken exceeds $950. Alternatively, this offense is used when the property is a firearm, automobile, or specific types of livestock. Under Penal Code § 487, grand theft may be charged as either a misdemeanor or a felony, making it a “wobbler” offense. Felony grand theft convictions can result in up to three years in state prison.

Shoplifting

California established a specific crime of shoplifting under Penal Code § 459.5. Shoplifting happens when someone enters a retail business during open hours with the intent to steal property valued at $950 or less. This law was created to differentiate shoplifting from burglary. Usually, shoplifting is charged as a misdemeanor, but it can become more serious if the accused has certain prior convictions.

Burglary

Burglary, defined under Penal Code § 459, occurs when someone enters a building or structure with the intent to commit theft or another felony inside. Burglary is divided into first-degree (residential) and second-degree (commercial). First-degree burglary is always a felony and carries a sentence of up to six years in state prison, while second-degree burglary may be a misdemeanor or a felony, depending on the circumstances.

Robbery

Although often confused with theft, robbery is a distinct crime under Penal Code § 211. Robbery involves taking property directly from another person through force or fear. Because it involves violence or the threat of violence, robbery is treated as a violent felony and carries much harsher penalties, including up to nine years in prison for first-degree robbery. Therefore, even if you believe you didn’t commit a robbery, you still need a top Alameda County theft lawyer to ensure your rights are protected.

Embezzlement

Embezzlement is a crime set out in Penal Code § 503. It differs from most theft offenses, as those who embezzle generally have the right to handle or use the property in question. The offense, often referred to as a white-collar crime, involves the misappropriation of property or funds entrusted to the defendant for purposes not authorized by the owner.

Receiving Stolen Property

It is also illegal to knowingly buy, receive, or conceal stolen property. Penal Code § 496 punishes this crime as either a misdemeanor or a felony. Defendants often face this charge even if they were not the original thief.

Penalties for Theft Convictions

The penalties for theft vary based on the type of crime, the value of the property, and the defendant’s prior criminal record. Even misdemeanor theft charges can have damaging results. Felony theft convictions might result in years in state prison and long-term consequences, including

• A permanent criminal record that is visible to employers, landlords, and licensing boards.
• Immigration problems for non-citizens, including deportation or inadmissibility.
• Loss of professional licenses in fields such as teaching, nursing, or law.
• Restrictions on firearm ownership following certain felony convictions.

These far-reaching consequences make it essential to fight theft charges aggressively.

State Theft Crimes vs. Federal Theft Crimes

Most theft cases are prosecuted under California state law. However, some theft crimes may fall under federal jurisdiction, or defendants may face both state and federal charges for the same conduct.

Theft becomes a federal crime when it involves crossing state lines, federal property, or federally regulated industries. Examples include:

• Stealing mail, which falls under federal postal laws.
• Bank fraud or theft involving federally insured institutions.
• Identity theft or credit card fraud affecting interstate commerce.
• Theft of government property or benefits, such as Social Security fraud.

In some cases, state and federal prosecutors may both pursue charges. While this does not mean a defendant is punished twice for the same crime, it does mean facing prosecution in two different court systems, each with its own penalties and procedures. A theft case with federal implications can therefore be far more complicated and requires the guidance of a theft crime attorney experienced in both jurisdictions.

Defenses Your Alameda County Theft Lawyer Will Review

While theft charges can feel overwhelming, there are numerous ways to fight back. Identifying the appropriate defense strategy is one of the most important ways our attorneys can help. Some common strategies include:

Lack of Intent

The core of any theft charge is intent. The prosecution must demonstrate that the accused intentionally aimed to permanently deprive the owner of their property. If the defendant believed they had a right to the property or only intended to borrow it, the necessary intent for theft might be absent. Showing a lack of intent can lead to charges being dismissed or reduced.

Mistaken Identity

Theft cases often depend on eyewitness testimony or surveillance footage, both of which can be unreliable. Mistaken identity is a highly effective defense when the evidence linking the accused to the crime is weak or inconclusive. Alibis, forensic evidence, or witness contradictions may create reasonable doubt about the defendant’s involvement.

Consent

If the owner gave permission for the accused to take, use, or possess the property, theft did not occur. Establishing consent can defeat the charge entirely. This defense often arises in cases involving borrowed property or disputes between acquaintances.

Insufficient Evidence

In some cases, the prosecution’s evidence fails to meet the legal standard. Your theft attorney may argue that the state cannot prove the elements of the crime—such as intent, the value of the property, or the identity of the accused—beyond a reasonable doubt. Highlighting these weaknesses can lead to dismissal or acquittal.

Constitutional Violations

Another way you may be able to beat these charges and move on with your life is by arguing that your rights were violated. There are limits on when the state can search your property, and breaking these rules can render any evidence found inadmissible in court.

Moving Forward After Theft Charges

Being accused of theft can feel overwhelming, but it is important to remember that an accusation is not the same as a conviction. Prosecutors must prove their case beyond a reasonable doubt, and with the right defense attorney, you have the opportunity to fight back. A well-planned strategy could lead to the charges against you being dropped. In some cases, you may be able to win at trial by showing a jury you have done nothing wrong. When the state’s evidence is strong enough to secure a conviction, your best option might be to negotiate a reasonable settlement.

A theft conviction can follow you for years, but with the help of a skilled Alameda County theft lawyer, you can protect your future and work toward putting this chapter behind you.

Judicial Diversions for Misdemeanor Theft Charges

There is also the opportunity to have your misdemeanor theft charge handled through judicial diversion. Governed by California Penal Code Section 1001.95, judicial diversion allows you to resolve your case without having a conviction on your criminal record.

In general, the diversion program allows you to avoid conviction by completing a specific class or performing community service. If you satisfy these requirements, the Court will dismiss the criminal charge.

Significant benefits come with judicial diversion. The most important reason for considering this option is the ability to keep your record clean. You will not be convicted of a crime, allowing you to avoid all of the long-term consequences of having a conviction on your record.

This process might be an option, but it can be difficult to secure judicial diversion on your own. Our attorneys can advise you if you qualify and use our experience to help you pursue the best possible outcome in your case.

Learn How an Alameda County Theft Lawyer Can Help You Fight Back

Theft charges in Alameda County can range from minor misdemeanors to serious felonies. If you are convicted, the consequences could affect your life permanently. The good news is that theft charges can be defeated, and our attorneys know how to fight and win. At Berkowitz Law, an Alameda County theft lawyer is ready to serve as your advocate during this challenging time.

Delays will only hurt your case and help the prosecution. You need the support of legal experts who can craft a winning approach. Contact us today for your private consultation.