Can You Face Grand Larceny Charges for Not Returning a Found Wallet?
A man in Carson who allegedly found a wallet left behind at a restaurant is facing felony grand larceny charges. According to reports, the man happened to stumble upon the wallet left on the counter containing almost $1,200 in cash while picking up a pizza.
For grand larceny and other theft crimes, prosecutors rely heavily on the suspect’s statements and credibility to determine whether or not the suspect had the required intent to steal. In this case, surveillance evidence from the restaurant was also very telling in the prosecutor’s decision to file charges.
The footage showed the suspect attempted to return the wallet to the clerk, but then after noticing its contents, tucked it under his arm instead and left the restaurant without his pizza.
When interviewed, the suspect told police that he didn’t trust the clerk and had already returned the wallet after the owner came to his home. Later, he made another statement stating that he had mailed the wallet. He also allegedly lied to police stating that the wallet only contained $400.
Grand Theft vs. Petty Theft
In California, if you take possession of another person’s personal property and move it some distance without his or her permission intending to deprive the owner of his or her property, you could be charged with larceny. Larceny is commonly referred to as theft.
Generally, for grand theft, the value of the property you’ve taken must exceed $950. For petty theft, the property taken can be of any value less than $950, no matter how small. However, if you have no previous theft convictions, your attorney may be able to reduce a misdemeanor petty theft charge to an infraction if the value of the property taken was $50 or less.
It’s important to note that the suspect in the recent Carson case misrepresented the amount of money the wallet contained. This tends to show that the suspect could have been intentionally trying to devalue the property so that if he were arrested, he’d face petty theft instead of grand larceny.
The prosecutor likely decided to file charges against him because the suspect gave inconsistent statements, which tends to show that he intended to keep the owner’s property.
Consequences of Grand Larceny
Grand larceny in California is a wobbler offense. If you are charged with misdemeanor grand larceny, you could face up to 364 days in county jail. If convicted of felony grand larceny, you could face up to three years in state prison.
Petty theft is a misdemeanor. If convicted, your punishment could be up to a $1,000 fine and/or a jail sentence of up to six months.
Possible Defenses
Our skilled criminal defense attorneys at Wallin & Klarich know the legal defenses to theft crimes. Some defenses we have successfully used include:
- You never intended to take someone’s else’s property, and you either thought it was your own property or you took it in order to return it to the rightful owner;
- You had the owner’s permission to use their property;
- You intended to return it to the lawful owner
Call the Skilled Theft Attorneys at Wallin & Klarich
If you or a loved one has been charged with a theft crime, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing theft charges for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
