In California, Penal Code section 484 defines theft as the unlawful taking of someone else’s property with the intent to permanently deprive the true owner of such property. The property must be taken from the possession of another person. Thus, if the defendant was in possession of the property at the time of the taking, such person will not be guilty of theft but of embezzlement. The law also requires that the defendant intended to permanently deprive another person at the time the property is taken, and not at some other later time when the property was successfully carried away.
California law divides theft crimes into two categories – grand theft and petty theft. If the value of the property taken exceeds $950, the person will be prosecuted on a felony theft charge. In all other situations, the crime will be punishable as a misdemeanor. Grand theft is punishable by up to one year in jail or a state prison sentence of 16 months, 2 years or three years in prison. Grand theft of the amount over $50,000 carries an additional punishment of one to two years in state prison
If you have been accused of a theft crime, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-theft. We will be there when you call.
