Theft Crime Attorneys in San Jose

Criminal Defense Lawyer Helping Defendants Charged with Theft

Are you or someone you love accused of a theft crime? The consequences of a conviction will have a long-term impact on all areas of your life. The first step after an arrest is to ensure you have the protections offered by a theft crime defense lawyer in San Jose.

Are You Accused of Theft?

Theft crimes vary widely and can range from misdemeanor shoplifting to serious felony offenses such as embezzlement, auto theft, and grand theft. When a theft crime charge has been filed against you, it is stressful and highly worrisome. Will you be convicted and spend time in jail or prison? When accused of any theft crime, misdemeanor, or felony, your criminal defense lawyer will play an essential role in the outcome of your case. Ensure you are protected by an attorney who will take every legal action that could benefit you.

What is a Theft Crime Under CA State Law?

Theft crimes are defined as the unlawful taking of someone else’s property with the intent to deprive them of it permanently. Under California Penal Code 484, theft can take many forms, from shoplifting to the most complex white-collar crimes. Each offense comes with a set of penalties and other consequences.

Types of Theft Crimes in San Jose

California law classifies theft crimes based on the value of the stolen property, the actions during the theft, and aggravating factors such as threats of violence, bodily harm, or the use of a firearm. Some of the most common theft charges include:

Petty Theft (Penal Code 488): These cases involve property theft valued at $950 or less. These cases are usually charged as a misdemeanor and are punishable by up to 6 months in jail and a fine.
Grand Theft (Penal Code 487): This offense involves stealing property valued at $950 or more. The crime can be filed as a felony or misdemeanor, with penalties including up to three years in state prison.
Shoplifting (Penal Code 459.5): Entering a store intending to steal items worth $950 or less. Typically charged as a misdemeanor, but those with prior convictions will face more severe penalties.
Burglary (Penal Code 459): This offense involves entering a home, business, or vehicle with the intent to commit theft or another felony. First-degree burglary (residential) is a felony that can be punished by up to six years in state prison, while second-degree burglary (commercial) could be filed as a misdemeanor or felony.
Robbery (Penal Code 211): This crime involves using force or threats when stealing property. This offense is considered a violent felony with penalties ranging from two to nine years in prison.
Embezzlement (Penal Code 503): This crime is the theft of money or property from a business or other enterprise, typically by an employee entrusted with managing funds. This crime could be charged as a misdemeanor or felony, depending on the value of the money taken.
Auto Theft (Penal Code 487(d)(1) & 10851 VC): This offense is the unlawful taking of a vehicle. Grand Theft Auto (GTA) applies when the intent is to keep the vehicle. Joyriding is a lesser offense and involves stealing a vehicle for temporary use.
Identity Theft (Penal Code 530.5): Using another person’s personal information without consent to achieve financial gain. This crime can lead to charges filed in either state or federal court.
Receiving Stolen Property (Penal Code 496): Knowingly buying, selling, or possessing stolen goods is a crime. This offense may be filed as a misdemeanor or felony, depending on the property’s value.

What Are the Penalties for Theft Crimes in California?

The severity of the penalties imposed in a conviction will reflect the following:

The value of the stolen property.
Whether force or violence was involved.
Prior convictions on the defendant’s record.
Whether the crime is classified as a misdemeanor or a felony.

A general overview of the types of penalties the court may impose on a convicted offender includes the following:

Misdemeanor Theft Crimes: These crimes can lead to up to one year in county jail, fines, probation, and restitution.
Felony Theft Crimes: The penalties can be 16 months, two years, or three years in prison, and expensive fines.
Strike Enhancements: Certain theft crimes, including robbery, fall under California’s Three Strikes Law, with harsher penalties for repeat offenders.

Defense Strategies for Theft Crime Cases in San Jose

A skilled criminal defense attorney can challenge the prosecution’s evidence in an alleged theft. Some effective defense strategies include:

Lack of Intent: When there was no intent to permanently deprive the owner of the property, a theft crime could be reduced or dismissed.
Mistaken Identity: Eyewitnesses can misidentify suspects, leading to false accusations that must be vigorously challenged in court.
False Accusations: Theft charges can result from misunderstandings, disputes, or sometimes personal vendettas.
Ownership Claim: When the accused defendant believes they had a right to the property, the defense can present evidence to prove this true.
Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights, key evidence could be suppressed in court. Without the evidence, there is no case.

FAQ

What should I do if I am arrested for theft?

If you are arrested, do not speak to the police or try to explain your side of the story. Anything you say can be used against you. Instead, remain silent and ask for an attorney immediately. The sooner you have legal representation, the stronger your defense will be.

Will I go to jail for a theft crime?

The penalty depends on the value of the stolen property, your criminal history, and the specific charges against you. Misdemeanor theft (e.g., petty theft) may result in fines and probation, while felony theft (e.g., robbery, grand theft) can carry years in prison. However, an experienced lawyer can help you avoid jail time by negotiating alternative sentencing options.

What is the difference between petty theft and grand theft?

Petty theft involves stealing property worth $950 or less (Penal Code 488). It is typically charged as a misdemeanor. Grand theft applies when the stolen property is worth over $950 (Penal Code 487). It can be charged as a felony or misdemeanor, depending on the circumstances.

Can I get my theft charges dropped?

Yes, it is possible. If there is weak evidence, a lack of intent, mistaken identity, or constitutional violations, a skilled defense attorney can argue for dismissal of charges or reduction to a lesser offense.

Why Choose Us?

At the Law Offices of William V. Pernik, we understand what’s at stake—your freedom, reputation, and future. We seek the most favorable outcome when we defend a theft crime. With a deep understanding of California theft laws and a proven record of successful case results, our legal team is here to help you avoid the most serious consequences. When you need a defense lawyer you can trust, we invite you to speak with us before your case progresses in the criminal justice system.

The Law Firm You Can Trust to Fight Back: Law Offices of William V. Pernik

Aggressive & Experienced Defense: Our team has successfully defended petty theft, grand theft, burglary, robbery, and fraud cases, helping clients avoid convictions, reduce charges, or secure dismissals.
Results-Driven Strategy: We meticulously analyze every detail of your case, uncovering weaknesses in the prosecution’s argument to build the most vigorous defense possible.
Personalized Legal Approach: Every case is unique, and we tailor our defense strategy to your specific circumstances. We don’t use cookie-cutter defenses but offer fully customized solutions.
Strong Negotiation & Trial Skills: Whether negotiating with prosecutors for charge reductions or fighting in court, we use decades of legal experience to protect your best interests.
Protecting Your Future: A theft conviction can impact your job, immigration status, and record. We work to minimize penalties and long-term consequences, fighting for alternative sentencing or record expungement when possible.

Contact us immediately at 408-669-4877 if you or a loved one has been arrested and charged with a misdemeanor or felony theft crime.