The law defines “theft” as any act that involves the unauthorized taking of another person’s property, or the property of several people, with the firm intent of permanently depriving them of ownership.
Theft cases are handled in a variety of ways, which means the charges an individual faces also tend to vary. Therefore, it is essential to have the support of a team of attorneys specializing in the subject matter, like those at Kannan Law, to advise you at all times.
In California courts, the crime of theft is defined based on the underlying elements of the crime.
To charge a person with this crime, the prosecutor must essentially prove that the defendant took another’s property against the other person’s will, using force or intimidation.
What is the basic difference between robbery and theft?
As previously discussed, the crime of robbery can be treated in different ways; however, it is important to understand the difference between robbery and theft.
A clear example of robbery is when a person in a restaurant decides to take a coat that doesn’t belong to them, without the owner realizing it at the time. Robbery, on the other hand, is when an attacker, for example, snatches a purse from a person using force.
In the case of justice, it is important to determine whether the case is a robbery or a theft in order to determine the sentence and how the case will be handled.
Shoplifting and petty theft are often treated as misdemeanors. This changes, however, if the defendant has prior convictions.
It’s important to note that petty theft or petty shoplifting charges can be reduced to infractions. However, there are special procedures that must be followed for this to happen.
In addition, if the charge is for misdemeanor petty theft or shoplifting charges, it is possible to negotiate a deferred sentence and dismiss the charges. This is what generally happens under the community court program.
What is considered grand theft?
This is a theft involving amounts greater than $950, either by the taking of property valued at more than that amount or by the taking of the money in question.
In this type of crime, the person can be charged as a felony or a misdemeanor (a wobbler).
Felony Charges for Theft
Theft cases can be treated as felonies in several cases.
For example, if a burglary is committed inside a building, it can be treated as a burglary with multiple victims. This happens if there is sufficient evidence that a plan to steal was formulated before entering the building.
Burglary, or robbery by force or threat, is another form of theft that can be treated as a felony.
What does civil compromise mean?
The criminal charges you face can also be dismissed, under the right circumstances, through the negotiation of a civil compromise. This can be done even when the prosecutor objects to the compromise, and does not require a deferred sentence or plea agreement.
Due to the wide range of legal options available in a theft case, it is essential to seek the advice of an attorney specializing in the subject. At Kannan Law, we have the experience and expertise to assist you and ensure the best possible treatment.
Frequently Asked Questions
What is the difference between robbery, larceny, and burglary in the United States?
Although they are often used synonymously, they have legal differences:
- Theft (or larceny): Taking property without permission and without entering a structure.
- Robbery: Involves the use of force, intimidation, or threat to take something.
- Burglary: Unlawfully entering property with the intent to commit a crime, usually a robbery.
What legal consequences can a robbery offense have?
The consequences vary by state and the severity of the case. In general:
- Misdemeanor theft can lead to fines, probation, or up to a year in jail.
- Felony theft (or armed robbery) can result in several years in prison, a serious criminal record, and the loss of certain civil rights.
Can a robbery conviction be cleared?
It depends on the state and the type of robbery. Some crimes can be expunged (removed from the criminal record) if the person meets certain requirements, such as having completed their sentence, having no other recent charges, and serving a waiting period. However, serious crimes such as robbery with violence are often not eligible for expungement.
What should a person accused of robbery for the first time do?
It is best not to make a statement without an attorney present. Then, you should seek legal representation as soon as possible. An attorney can negotiate charges, explore options such as diversion programs for first-time offenders, or even try to get the case dismissed if there is insufficient evidence.
Can a robbery victim file charges directly?
Not exactly. The victim can report the crime to the police and cooperate with the investigation, but it is the district attorney who decides whether to file criminal charges. However, the victim can file a civil lawsuit for damages separate from the criminal case.