Ventura Theft Crimes
Theft crimes are either felonies or misdemeanors. Felonies are 3 strike law types of crimes while misdemeanors are shoplifting and petty thefts.
California law and the Ventura courts defines theft as the unlawful taking of someone else's property with the intent of keeping it permanently, but it also defined as taking property fraudulently that has been entrusted to you for safe keeping; also, defrauding someone using false representations or false pretense; it can also be taking property by false premises; larceny; embezzlement; and larceny by trick and device are also part of the penal code (pc § 484).
Theft of property can include credit or services as well as physical objects. Identity theft, failing to return something that you have rented or leased and taking money to do a job and then not doing it is also theft. Finding something and not returning it when the owner can be identified are also considered forms of theft.
California law divides Ventura theft crimes into two distinct categories, one of which is grand theft (penal code § 487) and the other is petty theft (penal code § 488). In most cases, district attorney prosecutors must show that the value of the things stolen is $400 or greater in order to file felony grand theft charges. Important exceptions are the theft of a firearm (gun) and theft of something that was carried on the person of another, both of which qualify as felony grand theft regardless of the value of the things taken.
In California grand theft is punishable by up to one year in jail or a California state prison sentence of 16 months, 2 years or three years in State prison. Grand theft of amounts over $50,000 carries an additional felony punishment of one to two additional years in California prison.
Almost all other California thefts are charged as petty thefts, a misdemeanor charge carrying up to six months in jail, a fine of up to $1,000, or both. If the monetary value of the stolen amount is less than $50.00 prosecutors may choose to charge you with an infraction, which is a lesser charge that carries only a fine of up to $250.
However, if you have a prior conviction for theft and are charged with petty theft again, the prosecutors are ablt to, and they often will choose to charge you with a felony that is referred to as "petty with a prior" a violation of Penal Code Section 666 and hit you with one STRIKE for the crime. If you're convicted of a felony petty theft charge, you face the felony punishment -- a year in jail or up to three years in prison and a notch in the prosecutor’s belt for trying to put you away for life one day under the 3 Strike Law.
If you are charged with a theft crime, you need an experienced theft criminal defense attorney like Tim Quinn.
