Protecting Your Rights and Future in California
At Simmons Wagner, LLP, we recognize that a theft allegation can carry significant penalties, from fines and probation to extended jail or prison sentences. Whether you’re facing charges like shoplifting, burglary, or grand theft, a conviction can impact employment, housing, and professional licensing. Our firm, based in Irvine, represents clients throughout Orange County and across California, providing a strong, evidence-driven defense against theft-related accusations. If you or a loved one is under investigation or facing formal charges, contact (949) 439-5857 for a confidential consultation.
What Are Theft Crimes Under California Law?
In California, theft crimes encompass a broad range of offenses involving the unlawful taking or use of another person’s property. Common theft-related charges include:
Petty Theft (Penal Code § 484 & § 488)
- Generally applies when the value of stolen property is $950 or less.
- Often charged as a misdemeanor, punishable by up to six months in county jail and fines.
Grand Theft (Penal Code § 487)
- Involves property valued over $950, or specific items like firearms or vehicles.
- Can be charged as a wobbler, meaning it may be prosecuted as a misdemeanor or a felony, depending on circumstances and criminal history.
Shoplifting (Penal Code § 459.5)
- Entering a commercial establishment during normal business hours with intent to steal items valued at $950 or less.
- Typically charged as a misdemeanor, but can escalate to burglary or grand theft depending on the facts.
Burglary (Penal Code § 459)
- Involves entering a building, structure, or locked vehicle with intent to commit theft or another felony.
- Residential (first-degree) burglary is usually a felony with increased penalties.
Robbery (Penal Code § 211)
- Taking property from someone’s immediate presence using force or fear.
- Always charged as a felony, with penalties that include state prison sentences.
Embezzlement (Penal Code § 503)
- Unlawfully taking property entrusted to you, such as misusing funds from an employer or organization.
- Depending on the property’s value and circumstances, embezzlement can be charged as petty theft, grand theft, or a separate felony offense.
Auto Theft (Vehicle Code § 10851 / Penal Code § 487(d)(1))
- Unauthorized taking or driving of a vehicle (commonly known as “joyriding”) or permanently depriving the owner of the vehicle.
- May be charged as a misdemeanor or felony, depending on the case details and your record.
Identity Theft (Penal Code § 530.5)
- Using another person’s identifying information—like name, Social Security number, credit card details—without permission to commit fraud or theft.
Potential Consequences
Jail or Prison Time
- Sentences can range from county jail for misdemeanors to multi-year prison terms for felonies.
- Repeat offenders or those with a criminal history may face sentence enhancements.
Fines & Restitution
- Courts often impose fines, plus restitution to repay the stolen property’s value or damages suffered by victims.
Criminal Record
- A theft-related conviction can severely limit employment and educational opportunities, as well as restrict professional licenses.
Probation & Other Conditions
- Courts may order probation, mandatory counseling, community service, or theft awareness classes. Violating probation conditions can lead to additional penalties.
Immigration Consequences
- Non-U.S. citizens may face deportation or denial of legal status if convicted of certain theft offenses.
Our Approach
Thorough Evidence Analysis
We begin by reviewing police reports, witness statements, surveillance footage, and any forensic evidence. Our goal is to spot inconsistencies, procedural errors, and areas where the prosecution’s case may be vulnerable.
Strategic Defense Planning
Lack of Intent: Demonstrating that you did not intend to permanently deprive the owner of the property.
Mistaken Identity: Showing errors in eyewitness identification, especially if the offender’s description does not match you.
Consent: Arguing that you believed you had the rightful owner’s permission to use or take the property.
Value Dispute: Contesting the alleged value of stolen property, which can affect whether charges are petty or grand theft.
Negotiation and Advocacy
Depending on the strength of the evidence, we may negotiate for reduced charges or alternative sentencing. Our attorneys are also fully prepared to litigate in court—cross-examining witnesses and presenting a robust defense if a fair resolution isn’t possible.
Protecting Your Future
Beyond avoiding conviction, we strive to safeguard your personal and professional opportunities. We explore record sealing, expungements, and other post-conviction relief if needed.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Theft Crimes Defense?
- Wide-Ranging Criminal Defense Experience
Our attorneys have defended clients against an array of theft charges, from shoplifting to large-scale embezzlement. We leverage this knowledge to develop nuanced, evidence-based defenses. - Detail-Oriented Investigation
We collaborate with investigators, financial analysts, and other specialists to dissect complex cases—whether it’s uncovering digital footprints or verifying the true value of disputed property. - Client-Focused Communication
We believe in transparent, consistent updates about your case’s progress. You remain informed of every major development, enabling you to make confident decisions regarding your defense. - Local Roots, Broad Reach
From our office in Irvine, we serve clients throughout Orange County and across California. Our familiarity with local courts helps us tailor strategies for the best possible outcome in each jurisdiction. - Commitment to Results
We know your future is on the line. Our firm works tirelessly to secure reduced charges, alternative sentencing, or outright dismissal whenever possible.
Contact Us
A theft charge can have repercussions that extend well beyond the courtroom. If you or someone you love faces accusations in California, turn to Simmons Wagner, LLP for a strong, strategic defense. Call (949) 439-5857 to schedule a free, confidential consultation. Let our dedicated legal team stand by your side, protect your rights, and pursue the best possible outcome for your case.