What is the Statute of Limitations for Theft in Thousand Oaks?

Theft in California is broadly defined as the unlawful taking of someone else’s property. In Thousand Oaks, the number of reported thefts has remained relatively consistent over the last ten years. In 2011 alone, there were a reported 1,409 incidents of theft.¹ However, the number of automobile thefts in Thousand Oaks has dropped considerably since 2004. From 2004 to 2011, the number of automobile thefts in Thousand Oaks dropped from 187 to 60 incidents.²

If you are facing charges of theft in Thousand Oaks, it is important to retain the services of an experienced criminal defense attorney.

What is the Statute of Limitations for Petty Theft in Thousand Oaks?

You can be charged with petty theft in California under Penal Code sections 484 and 488 if you unlawfully take property belonging to someone else, and the property taken is valued at $950 or less.

For example, if you shoplifted an inexpensive shirt or pair of jeans from a retail store, you could be found guilty of petty theft. In fact, shoplifting cases represent a majority of the petty theft charges in California. Petty theft is a misdemeanor crime. For a simple misdemeanor theft charge, the statute of limitations is one year under Penal Code section 802. Prosecution for your petty theft crime must be commenced within one year from the date the alleged crime was convicted.

However, there are certain facts that can toll or delay this statutory period. The statutory period might not start running for months or even years later. In many cases, theft can occur without the victim realizing that they have been victimized. In these situations, your statute of limitations will not start running until the victim or law enforcement official discovers the theft.

What is the Statute of Limitations for Grand Theft in Thousand Oaks?

Under Penal Code section 487, your theft can be elevated to grand theft if the property stolen is valued at more than $950.

Grand theft is known as a “wobbler” offense. The prosecutor can file it as a misdemeanor or felony. If you have prior convictions, the prosecutor will likely charge your theft as a felony. Generally, the statute of limitations for a felony in California is three years from the date the offense was committed or discovered. However, the court held in People v. Price, that a felony theft charge has a four year statute of limitations under Penal Code sections 801.5 and 803(c).

How Our Experienced Criminal Defense Attorneys Can Help You

Calculating the statute of limitations for a particular theft crime can be a very difficult task. Prosecutors frequently make errors during this process. If you were a minor at the time of the theft or spent time out of state, the calculation of the statute of limitations can become even more complicated.

The attorneys at Wallin & Klarich are experienced in the nuances in this area of the law and can navigate this complicated process for you. It is possible that the statute of limitations for the crime you are being charged with has expired. It is also possible that the prosecutors wrongfully classified your theft as grand theft. Even if our attorneys cannot get your charges dismissed, we can work with state prosecutors in an attempt to have your charges lowered to misdemeanors.

Call Wallin & Klarich Today

If you are being charged with a theft or any other property crime, it is imperative that you contact our law offices immediately. Our attorneys have the experience to help you achieve the best possible outcome in your case. We will fight for your freedom through every step of the process.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

<sup>1. [http://www.city-data.com/crime/crime-Thousand-Oaks-California.html]↩
2. [http://www.city-data.com/crime/crime-Thousand-Oaks-California.html]↩</sup>