Petty Theft in California - Penal Code 484 PC
California Penal Code 484(a) PC prohibits petty theft, which is wrongfully taking or stealing someone else's property valued at $950 or less. Petty theft is a misdemeanor punishable by probation, fines, restitution, and up to 6 months in county jail.
Suppose you have taken someone else's property without the owner's consent with the intent to deprive permanently and have been charged with theft. In that case, you need to contact our Los Angeles larceny lawyers to get your matter under control.
The concept of stealing is the old Common Law about theft crimes. That's how they teach it in law school. They bring it up as theft, which deals with stealing.
You take something intending to take it, and it's not yours. This always comes up when people go into stores and steal things. Technically, it's a robbery, but they don't call it that anymore.
Robbery involves the use of force or fear to take someone else's property, while theft is the act of taking someone else's property without their consent.
Under the old Common Law, larceny was a serious crime, but now it is called grand theft, petty theft, or embezzlement. In my opinion, all these things fall under the umbrella of theft. It's a concept related to stealing, and stealing in today's society gives a person a stigma.
If you get a conviction for a theft-related offense and somebody sees that when you try to get a job or any other kind of benefits, you will be looked at differently than somebody who has a clean regular. Although not as severe as grand theft, petty theft can result in severe penalties, including a permanent stain on your record and potential loss of freedom.
Penal Code 484 says, (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to them, or who shall knowingly and by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of their wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.
To prove that the defendant is guilty, it must be proven that:
- The defendant took possession of property owned by someone else;
- The defendant took the property without the owner's consent;
- When the defendant took the property, they intended to deprive the owner of it permanently or to remove it from the owner's possession for so extended a period that the owner would be deprived of a significant portion of the value or enjoyment of the property; AND
- The defendant moved the property, even a tiny distance, and kept it for any period, however brief.
Seeking Lesser Offense or Diversion Program
So obviously, one of the big things that we try to do, if possible, in these larceny/theft cases is to set things up to get the case removed from your record, or at least minimize it with some sort of a lesser offense and try to get you a diversionary program.
These programs could include community service, restitution, or counseling. In other words, try to avoid the conviction or set things up to get the minimal possible negative connotation on your record when somebody runs your criminal record.
I've been doing this for twenty-five years, and theft crimes have been treated harshly in Los Angeles County for the first twenty years. So, you would get a conviction if you had a robbery, grand theft, petty theft, or an embezzlement charge. It would go on your record, and you would be punished and put on probation.
In some respects, it is still that way, depending on what happened in your case. But in other regards, especially for first-time offenders, there are ways to get programs and diversionary resolutions to a point where you can avoid a conviction.
We can often delete your record. This process involves petitioning the court to have your record expunged, which can significantly improve your prospects.
If you have a situation where you're innocent and will take the case to trial, these programs don't matter as much to you.
But, if, on the other hand, the government has the goods on you, then obviously, you're going to try to work out some resolution to minimize the damage to your reputation, your record, and your potential freedom.
So, that's what we try to do. Right from the beginning, I have you come in, and we think about and look at the best strategy for your situation — your particular circumstances. This process is designed to provide you with the best possible guidance and reassurance during this challenging time.
Discussing a Strategy
I just wanted to let you know that you need information that applies to your case. That's why we get you in, sit down, and go over everything. Then, through experience and knowing the local courts in Los Angeles, we can start thinking about how we are going to resolve this thing if you've got a larceny case if you have a prior record, or if you have a clean record.
What's the strategy going to be? What are you up against? What are you looking at? Of course, that makes sense. Without the pieces of the puzzle from you in the case, it isn't easy to give you accurate information about what you're truly facing.
To be convicted of this theft crime, the People must prove that they intended to take without consent and deprive permanently beyond a reasonable doubt.
A conviction can result in 2-3 years in prison, so you must hire an attorney to get on board. We at the Hedding Law Firm are confident in our skills, and our reputation and credentials speak for themselves. The potential consequences of a conviction are serious, and it's crucial to have a strong legal team on your side.
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