Theft Crime Attorney in San Jose
Defending Against Criminal Theft Charges in Bay Area
Theft is the unlawful taking of property belonging to another person or entity in California. Even a misdemeanor charge can have life-altering consequences. If convicted, you face limitations to your freedom. For example, you may become ineligible for government programs like housing, food share and education grants. Theft crime can take many forms, depending on the nature and value of the property taken. As a result, you may have questions about the allegations against you. Our San Jose theft attorney can help defend you and protect your best interests.
At The Law Offices of Nick Cvietkovich, we believe you deserve the best defense possible against criminal allegations. We recognize that even the least severe theft charge can result in serious penalties. Ultimately, we know a criminal history can follow you for years to come. If you have discovered you are under investigation, then we can use pretrial measures to protect you.
If charged with a theft crime, then, we can aggressively work to help you obtain a swift and favorable resolution. Schedule your consultation with our firm today.
How Does California Define Theft?
Based on the severity or type of stolen property, theft crimes are prosecutable as felonies or misdemeanors in California. Generally, a criminal defense attorney can help reduce or dismiss some charges. As a result, understanding the distinctions can be very important. However, to do this, it is important to know how a theft crime will be prosecuted. If you have been arrested, you should contact a San Jose theft attorney immediately.
An experienced theft lawyer can help build a defense for theft allegations that involve:
- Deceit: Usually, most people think theft charges involve taking property without consent. However, you can face allegations based on deceit. An example of this includes price switching on a product.
- Fraud: Generally, these charges involve false pretenses. For instance, this includes lying or impersonating someone else to illegally obtain another’s property.
- Larceny: As a rule, larceny is taking property directly possessed by another party. These charges can involve shoplifting or stealing property from someone’s home or car. Depending on the circumstances, you may face a misdemeanor or felony larceny charge.
- Embezzlement: Embezzlement occurs when a person in a position of trust manipulates records to obtain assets. Usually, this involves stealing entrusted money or property.
What Is the Difference Between Petty Theft and Grand Theft?
Shoplifting or retail theft represents the most common example of petty theft. However, petty theft can also involve the stealing of unattended property or price switching. Usually, these crimes are charged as a misdemeanor. The penalties for a conviction may include up to six months in prison and fines of up to $1,000. Prior convictions may increase the severity of potential penalties.
California law defines petty theft as stolen property valued at $950 or less. Additionally, these charges are involved when property is not taken directly from an owner. For example, taking a package left on your doorstep addressed to a neighbor could be petty theft. However, if the property is an automobile, firearm, or other exception, then the charges can be listed as grand theft.
Depending on the circumstances, with grand theft, you may face a felony or misdemeanor charge. Large-scale retail theft, grand theft auto and robbery represent examples of grand theft offenses. Usually, a judge will consider your prior criminal history, if any. Unfortunately, a felony conviction can carry a penalty including three years in state prison. You may face charges of grand theft when property value is greater than $950 or is directly taken from the owner. Furthermore, the type of property involved can turn a petty theft into grand theft. This involves firearms, automobiles, certain animals, and other items.
Local Knowledge & ExperienceWe are a Northern Californian- founded and run firm giving us unique insight into the court system.
Well-Known & Respected TeamThe attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations.
Dedicated & Experienced CounselOur firm has over 15 years of experience and has successfully handled more than 4,500 cases.
If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today.
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“Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.”
Do you suspect you are under investigations for theft? Worried about the impact that theft allegations can have on you? Since California has a three-strikes rule, theft allegations can be life-altering. Without a criminal defense attorney, you face severe penalties and/or jail time. Fortunately, a reliable and experienced San Jose theft attorney can help mitigate your risk of conviction. A defense lawyer can negotiate with prosecutors to minimize and possibly eliminate the potential impact on your future.