Theft allegations can range from a shoplifting accusation involving relatively inexpensive property to serious felony cases involving substantial amounts of money or property. The circumstances of the alleged taking, value and type of property, intent, and a defendant’s criminal history can all affect how a case is charged.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience representing people accused of misdemeanor and felony crimes throughout Fresno and Central California.
If you have been accused of theft, do not assume that a police report or accusation tells the entire story.
Theft Charges in California
California theft law covers numerous offenses and factual situations. Some involve allegations that property was physically taken. Others involve accusations of fraud, deception, possession of stolen property, or property that was originally obtained lawfully but allegedly kept or used improperly.
Our office can defend cases involving:
- Petty theft
- Grand theft
- Shoplifting
- Burglary
- Auto theft
- Theft of a firearm
- Receiving stolen property
- Embezzlement
- Identity theft
- Credit card theft or fraud
- Employee theft
- Theft by false pretenses
- Theft involving business property
- Robbery and other serious property-related offenses
Petty Theft vs. Grand Theft
One important issue in a California theft case is whether the alleged offense qualifies as petty theft or grand theft.
The distinction can depend on the value and type of property involved as well as the circumstances under which it was allegedly taken. California law also contains specific rules that can affect how multiple alleged thefts are treated.
Because the classification of a theft offense can substantially affect potential consequences, the defense should carefully examine how prosecutors calculated the alleged loss and whether the evidence actually supports that amount.
The Prosecution Must Prove Criminal Intent
Not every dispute over property is a crime.
The prosecution generally must establish the criminal intent required for the particular theft offense. That can become important in cases involving jointly owned property, business transactions, employment relationships, borrowed property, disputed ownership, or misunderstandings.
A disagreement over money or property does not automatically establish criminal theft.
Possible Defenses to Theft Charges
Depending upon the facts, a defense may involve issues such as:
Lack of Intent
If there was no intent to steal or unlawfully deprive another person of property, an essential element of the prosecution’s case may be missing.
Claim of Right or Ownership
Some cases involve genuine disputes over who owned or had the right to possess property.
Mistaken Identity
Video surveillance, eyewitness identification, or circumstantial evidence may incorrectly identify the person responsible.
False Accusations
Business partners, employers, family members, former romantic partners, and others sometimes disagree about money or property. A criminal allegation does not automatically establish that theft occurred.
Search and Seizure Issues
Evidence discovered during a search may raise Fourth Amendment questions. When law enforcement obtains evidence unlawfully, a defense attorney may be able to challenge its admissibility.
Consequences Beyond Jail or Fines
Theft offenses are frequently viewed as crimes involving dishonesty. A conviction can therefore create problems well beyond the criminal sentence.
Depending on the circumstances, consequences can include restitution, probation, incarceration, employment difficulties, professional licensing issues, and immigration consequences.
For professionals, business owners, employees entrusted with money, and others whose reputation depends on honesty and trust, protecting the criminal record can be particularly important.
Fresno Theft Crime Defense
Gregory W. Fox represents clients facing criminal charges throughout Fresno and Central California and personally handles the development and defense of his clients’ cases.
If you have been arrested or accused of petty theft, grand theft, burglary, embezzlement, or another theft-related offense, call (559) 222-5800 to request a consultation.