Property Crime Attorneys in San Jose

Strategic Defense Strategies for Property Crime Charges

The stakes are high when facing property crime charges in San Jose. A conviction could mean jail or prison time, steep fines, and a permanent criminal record that could significantly impact your prospects. Being protected by a skilled criminal defense attorney is critical if you have been accused of theft, burglary, vandalism, or another property-related offense. At the Law Offices of William V. Pernik, we tailor every defense to fit the case’s unique circumstances. Our seasoned San Jose criminal defense attorneys are committed to providing the aggressive representation you deserve.

How Property Crimes Are Categorized in California

Under California law, property crimes are classified according to the nature and severity of the alleged offense. While some are misdemeanors, others rise to felonies with more severe penalties. The following are some common property crime offenses we defend in San Jose:

Burglary

Under California Penal Code Section 459, a person who enters a building, home, or vehicle intending to commit larceny or another felony is guilty of burglary. First-degree burglary (residential) is a felony offense punishable by two, four, or six years in prison. Second-degree burglary (commercial, auto) may be charged as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by 16 months, two years, or three years in jail.

Theft and Larceny

These crimes may be defined as taking the property of another without the owner’s consent. Depending on the property’s value, the criminal charge could be petty theft or grand theft. If the value of the property taken exceeds $950, or if it is an automobile or firearm, or if the property is taken directly from the person of another, the charge escalates to grand theft, which may be prosecuted as a felony.

Robbery

The crime of robbery is defined in the California Penal Code Section 211. It involves taking someone else’s property against that person’s will through force or fear. Robbery is a felony that carries up to nine years in state prison upon conviction.

Arson

Intentionally setting fire to a structure, property, or forest land is arson. It is a felony offense, punishable by imprisonment. Under California Penal Code Section 451, the following are potential prison sentences for arson:

When it causes great bodily injury – five, seven, or nine years
When an inhabited structure or property is burned – three, five, or eight years
When a structure or forest land is burned – two, four, or six years
When a property is burned – 16 months, two years, or three years

Vandalism

Vandalism is maliciously damaging, defacing, or destroying the property of another. If the damage amounts to $400 or more, this crime is punishable by a county jail term of up to one year or a fine of up to $10,000. If the damage of defacement amounts to $10,000 or more, a vandalism conviction carries a fine of up to $50,000 and/or imprisonment. If the destruction is less than $400, the penalties for a first offense are up to one year of jail time, a fine of up to $1,000, or both.

How Experienced Property Crime Attorneys Can Help

No two property crime cases are identical, nor should your defense be. Our seasoned legal team meticulously examines every aspect of your case to develop the most vigorous defense. Many property crime cases rely on circumstantial evidence or weak witness testimony. We scrutinize the prosecution’s case against you, challenge every flaw in the evidence, and ensure law enforcement followed proper procedures and did not violate your rights.

Sometimes, we can negotiate with prosecutors to have charges dismissed or reduced. Alternative sentencing, such as restitution agreements or diversion programs, can make it possible to avoid jail time and a criminal record. Depending on the circumstances, these may be viable options. While negotiations may be in your best interests, we prepare every case as though it is going to trial to ensure we are ready to fight for you in court.

Our experienced criminal defense attorneys build a powerful case by employing strategies that align with the details of your case. The following are common defense strategies against property crime charges:

Mistaken identity: If the prosecution has no clear evidence tying you to the alleged crime, we can challenge witness statements and questionable identification methods law enforcement has employed.
Unlawful search and seizure: If the police gathered evidence without a warrant or other violations of your constitutional rights, we could seek to have that evidence suppressed.
Insufficient evidence: The prosecution has the burden of proof and must prove guilt beyond a reasonable doubt. We can challenge cases with weak or circumstantial evidence.
Lack of intent: Property crimes typically require intent. If we can show that your actions were accidental or misunderstood, we can fight to dismiss your case.
Coercion: It may be a valid defense if you were forced to steal or damage property under the threat of harm, injury, or death to yourself or others.
Necessity: In specific emergencies, destruction of property may be necessary. For example, you may need to break a window to escape danger.

At the Law Offices of William V. Pernik, we have experience defending clients in San Jose and throughout the area. We understand that facing criminal charges can be overwhelming, and we keep you informed at every stage. The consequences of a property crime conviction can be severe, but there is no need to face them alone. Contact us at 408-669-4877 for a confidential consultation.