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Theft-Related Charges

Defenses To Theft-Related Charges In Los Angeles County

When it comes to theft-related offenses, the defense depends on the facts and circumstances surrounding the crime. If you've got someone else's property, you have to be able to explain why you have that property. If you are taking things from the store and putting them into your purse, you are going to have to explain why you would do that.

A lot of people claim that they did it by mistake. In that case, you are going to have to assess whether a jury would believe that you might have taken that property by mistake. If there is no believable defense, you will have to rely on your defense attorney to negotiate a favorable plea agreement with the prosecutor.

Can I Avoid A Conviction For A Los Angeles Theft Charge?

The Neighborhood Justice Program gives certain offenders an opportunity to avoid having a conviction on their record, not have to go to jail, and not suffer the consequences and stigma that go along with a theft-related offense.

If you've got no record and you didn't take more than $400 of property, you have a good chance to get into the Neighborhood Justice Program and get some education on what happens to people who steal and how devastating it can be to your record.

The court system has gotten much more reasonable and less harsh in recent years. It's important to get an attorney who is local to the court where your case is pending and who can get you a result that you can move forward with.

Difference Between Burglary And Breaking & Entering

There are two degrees of burglary. One of them is taking something from a commercial property or a car. The other is breaking into a residence. Someone's home is their castle; judges and prosecutors don't like people going into other people's homes. Breaking is one of the elements of burglary. The other element is you have to intend to commit a felony.

One issue with breaking and entering is that we see people sticking tools inside the property, breaking a window, setting alarms off, and then running away. Is that a burglary? The answer is yes.

If you went in there with a tool, broke a window, cracked a door, or put anything inside the house with the intent to steal property, that's enough for breaking and will trigger a burglary.

There is no such crime as breaking in Los Angeles. The crime is burglary, and one of the elements of the burglary that has to be proven by the prosecution at a jury trial is that you broke into someone's home.

Difference Between California First Degree And Second Degree Burglary

First-degree burglary involves entering someone's home and is divided into two segments. One is entering someone's home when there is a person present. That is considered a violent felony. It is a strike and likely a prison sentence.

The other type of first-degree burglary is a regular home burglary, where someone breaks into someone's home, steals their property, and leaves. That person is either caught in the act right after or many months later. It doesn't really matter; as long as they can prove the case, it's a first-degree burglary. That is also a strike, and it is considered a serious felony.

In Los Angeles County, there is a presumption related to these types of burglaries that you will go to prison unless your defense lawyer can show unusual circumstances.

A second-degree burglary is breaking into a car or a retail business. Going into Macy's with the intent to steal and then take something would be a burglary case. How do you know if they had the intent to steal? They are going to look at the circumstances of the case. If you go in with a pair of bolt cutters and you start cutting the security tags off clothes, you clearly had the intent to steal.

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