Theft Crimes
Theft Crimes in Southern California
Serving Banning, Blythe, San Bernardino, Palm Springs, San Diego, El Centro,
Indio, Riverside, Rancho Cucamonga and surrounding areas.
Theft crimes, whether petty theft, shoplifting, or grand larceny, carry serious penalties that can include fines, jail time, and a permanent criminal record. At The Law Offices of Shaffer Cormell, we understand the severe impact a theft conviction can have on your future, from employment opportunities to personal reputation. Our skilled attorneys are dedicated to providing strong and effective defense strategies tailored to your specific case. With over 30 years of experience, Shaffer Cormell has successfully defended clients facing a wide range of theft charges across Southern California. We will thoroughly investigate the details of your case, challenge the prosecution’s evidence, and work to get charges reduced or dismissed. Whether you’re dealing with a first-time offense or a repeat charge, our firm is committed to fighting for the best possible outcome.
California Theft Statutes
California Penal Code 484 defines theft as the unlawful taking someone else’s property with the intent to permanently deprive them of that property. Theft can be charged as either “petty theft” or “grand theft.” Petty theft is defined by California Penal Code 488 as the unlawful taking of property valued at $950 or less while grand theft is defined by California Penal Code 487 as the unlawful taking of property valued at more than $950. Grand theft triggers more serious legal consequences than petty theft.
The prosecution must prove four elements beyond a reasonable doubt to secure a theft conviction:
Possession of someone else’s property
The property owner did not consent to that possession
The defendant intended to permanently deny the owner of their property
The defendant moved the property in order to possess it
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Definition Of Possession
The prosecution must prove the defendant had someone else’s property in their possession. The legal definition of possession requires having control over the property. Some obvious examples of possession include grabbing property or placing property into one’s personal items such as a backpack or purse. However, someone can also possess property without ever physically touching it. For instance, a limo driver notices that his last client forgot her purse in the backseat of the limo. Even if the limo driver never physically touched the purse, the fact he knows it is in his limo is enough to show he had possession of the purse. The key factor in determining possession is control; if someone has control over a piece of property then they have possession of it.
There are two types of possession: “actual” and “constructive.”
Actual Possession
Actual possession exists when the property is physically present in someone’s immediate area of control. An example of actual possession would be a thief snatching someone’s wallet with his hands. Other examples of actual possession include putting a stolen property in one’s purse or pocket or backpack. If the defendant has the property in a location where they can immediately exercise control over it then they have actual possession of the property.
Constructive Possession
Constructive possession exists when someone has put property in a location where only they can exercise control over it even if that location is not physically close. For example, a defendant who stores illegal drugs in a warehouse in the city’s industrial district has constructive possession of those drugs even when he is at home. If a defendant who lives in Southern California stores a murder weapon in a log cabin in a remote part of Northern California he has constructive possession of the weapon. In both these examples, the defendants have constructive possession of the property because they stored it in locations where only they can access it. It is irrelevant that the property is miles away from the defendant’s current location, what matters is that they can exercise control over it.
Definition Of Consent
The prosecution must also prove the defendant possessed the property without the owner’s consent. To have consent means to have permission to possess the property. Consent can be actual or implied. Actual consent exists when the property owner explicitly gives permission for someone to possess their property. For example, if a man tells a neighbor he can borrow the man’s lawnmower on the weekends he has provided actual consent for the neighbor to possess the lawnmower on the weekends. Implied consent exists when consent is expressed through behavior rather than explicit communication.
For example, a man is shooting basketball by himself in a park when several people the man has never met before join him on the basketball. The man passes his basketball to one of the other people and they begin playing together. The man provided implied consent for the others to possess his basketball by passing it to them even though he never said “I give you permission to possess my basketball.” Anyone who possesses someone else’s property without their actual or implied consent may be guilty of theft if the other elements are also satisfied.
Vehicle Code 20002 makes it a misdemeanor for a driver involved in an accident to leave the scene when the property has been damaged.
Definition Of Intent To Permanently Deprive
The prosecution must prove the defendant intended to permanently deprive the property owner of their property. A defendant must have intended to permanently deprive the owner of their property to be guilty of theft; any other intention cannot support a conviction. If a defendant takes someone else’s property by mistake or with the intent to return it there is no theft. Mistakes are common examples where someone takes another person’s property without intending to steal it.
For example,
a man takes someone else’s umbrella while leaving a restaurant mistakenly believing it to be his own. Although the man possessed someone else’s umbrella without their consent, he only did so by mistake and not with the intent to steal and therefore he is not guilty of theft. However, if after realizing that he took the wrong umbrella the man decides to keep it for himself he has now committed a theft. The man becomes a thief the moment he decides to keep property he knew did not belong to him. The intent must be to permanently deprive the owner of their property. Borrowing someone else’s property without their consent with the intent to return it is not theft (it is however still illegal and prosecutable as “trespass to chattels”). For example, a man tells a valet to park his exotic sports car and hands over his keys. The valet takes the sports car for a joyride before returning it to the parking lot. The valet has committed a trespass to chattels because he temporarily used someone else’s property in a way they did not consent to but he has not committed theft. Theft requires the intent to permanently deprive the true owner of their property.
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Definition Of Moving The Property
The prosecution must also prove the defendant moved the property in order to take possession of it. Any amount of movement, regardless of how small, is sufficient to satisfy this element of the crime. For example, a woman at a dinner party sees an open jewelry box with a pearl necklace inside. Intending to steal the necklace, the woman picks it up when the host of the party sees her and remarks “Oh do you like that necklace? I never wear it anymore, you can have it if you like.” The woman has committed theft regardless of the fact the host ended up giving her the necklace. The moment the woman picked up the necklace with the intent to steal it the theft was completed. It is irrelevant that the host eventually gave her the necklace, the theft had already occurred before her consent could be given. The woman completed the theft when she moved the necklace with the intent to permanently deprive the owner of it.
Petty Theft Versus Grand Theft
If stolen property is valued under $950 it will be prosecuted as a petty theft under Penal Code 488. If the stolen property is valued above $950 it will be prosecuted as a grand theft under Penal Code 487. The value of stolen property is determined by its fair market value i.e. how much the property would sell for if it were sold in the open market.
There are multiple sentencing enhancements for grand theft as well:
A grand theft involving stealing a firearm is punishable by up to 3 years in prison. Furthermore, grand theft of a firearm qualifies as a “serious felony” and will add a “strike” to the defendant’s record under California’s Three-Strikes Law. Any defendant who receives a third “strike” will serve a minimum of 25 years to a life prison sentence.
A current or former spouse,
A person with whom the accused has had a child
A live-in romantic partner (i.e. a “cohabitant”),
A current or former registered domestic partner,
Next Steps If You Have Been Charged With Theft
Being convicted of theft can seriously harm a person’s life. Beyond the severe legal consequences such as incarceration or expensive fines, the social judgment from being labeled a “thief” can be extremely difficult to deal with. The best course of action to avoid these negative outcomes is to hire an experienced criminal defense attorney to advocate on your behalf. Southwest Legal employs a team of top-rated criminal defense attorney in Riverside County who have decades of experience defending those accused of theft. If you have been charged with theft, call Southwest Legal today for a free consultation and take the first step toward beating your case!