Theft Arrest Defense in California

Theft crimes in California can range from misdemeanors to serious felonies depending on the method which the property was taken and its value. If the value of the property taken is less than $950 this is often referred to as “petty theft” and is a misdemeanor. If the value of the property is worth more than $950 it is often referred to as “grand theft” which can be a felony.

Often times what should ordinally be charged as a “petty theft” or a “grand theft” is charged as a “robbery” based on a witnesses account of how the property was taken. For instance, if a witness says that the property was taken through “force or fear” you can be charged with robbery. A “robbery” is a strike offense punishable in state prison. It is crucial that you have a criminal defense attorney like Ibraham Dbouk by your side to make sure that you are not being taken advantage of by the often overzealous legal system. Small distinctions in fact could make a significant difference in your case. There are also many diversion programs available for certain qualifying theft offenses.

Other common theft charges in California are Embezzlement which is typically charged when employees are stealing money from their business, or accountants are taking money for their own financial gain.  A person can be charged with Burglary if they enter any type of building with the intent to steal property. If the place entered is a person’s home, it could be charged as a Strike offense under California’s three strikes law. As a criminal defense attorney, Ibraham Dbouk has successfully defended hundreds of clients against various theft offenses.

We help those charged with:

  • Petty Theft (Penal Code § 484)
  • Grand Theft (Penal Code § 487)
  • Embezzlement (Penal Code § 503)
  • Burglary (Penal Code § 459)
  • Robbery (Penal Code § 211)
  • Auto Theft (Vehicle Code § 10851)
  • Receiving Stolen Property (Penal Code § 496)
  • Identify Theft (Penal Code § 530.5)

Award Winning Legal Representation with a Proven Record of Success

Whenever you are arrested or charged with a crime, it is important to have an attorney sit down with you as soon as possible. Ibraham Dbouk has extensive experience helping defendants from serving an unnecessary length of jail time, immense fines, and an unjust verdict. Contact the Dbouk Law Office today for a free case evaluation!

Attorney-Client Privilege

It is always best to be honest with your attorney from the very beginning. There is a privilege between an attorney and their client which prohibits the attorney from revealing a clients’ communication to anybody else. This privilege is there to encourage trust and openness between the attorney and the client. This will help the attorney better represent the client. It is important that your attorney knows the good, bad and ugly about what happened so they can adequately defend you. Remember, your attorney is there to defend you to the best of their ability regardless of what happened.

Under California penal code 484(a), Petty Theft occurs in cases of larceny, wherein the property of another valued at $950 or under is taken, or with the intent to permanently deprive. If the property amount exceeds $950 then the charge is ordinarily grand theft.

Grand Theft is a wobbler, so can be charged as either a misdemeanor or a felony. If you are convicted of Misdemeanor Grand Theft, you face up to a year in county jail and a maximum fine of $1,000. If you are convicted of Felony Grand Theft, where the property amount exceeds $950, you face a sentence of 16 months, two or three years in county jail and a maximum fine of $10,000. You may also be ordered to pay restitution to the named victim.

After being accused of stealing it’s important to retain a criminal defense lawyer. The lawyer will help clarify the situation, explain your rights, and prepare your legal defense. While the best defense of a theft charge will depend on the case particulars, a commonly raised and effective defense includes — “No Mens Rea or Mental Intent” that one did not intend to steal the goods in question. Other effective defenses include arguing that you had a proprietary or possessory right to the stolen item/s; presenting evidence that you are the rightful owner; providing evidence that you mistook the item as your own; claiming that you did not intend to steal the item due to intoxication; or in the case of a felony proving that the value is less than $950. You can also raise a mistaken identity defense if you are wrongfully accused.

There are two theories of prosecution for auto theft. The first theory is physically stealing the vehicle. If you are accused of stealing the vehicle, then the prosecution must prove a value of over $950 or else your case will be reduced to a misdemeanor. However, if the theory of prosecution is “post theft driving” meaning you are caught driving a stolen vehicle, the value of the vehicle no longer matters and you could still be charged with a felony even if the value is under $950. It still must be proven that you drove the vehicle without consent and intended to deprive the owner of possession of the vehicle for any length of time.

Yes. If you are convicted of a theft related case, the Court will likely order that you pay restitution to the named victim. The named victim is only entitled to an amount of money to make them whole. They are not entitled to a profit. If the victim claims an amount of restitution you do not agree with, you have the right to a restitution hearing solely to contest the amount of restitution that is being requested.

For a Free Consultation Call +1 (916) 718-7223

During the free consultation Ibraham Dbouk will review the facts of your case, he’ll discuss strategies,
likely outcomes, and he will answer any questions that you have.