| Theft Offenses |
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Ann Gottesman is experienced in handling all types of theft crimes. Some theft offenses are misdemeanors and some are felonies. Yet, many theft offenses are “wobblers”, which means the District Attorney, in his or her discretion, can charge you either with a misdemeanor or a felony. Some of the considerations used in determining how to file these crimes are: the value of what was taken, the seriousness of the conduct, whether there are prior convictions, etc… Theft crimes are vigorously prosecuted in California and a conviction for a theft related offense can have dire consequences on a person’s freedom, career, immigration status, family and future job prospects. :: PETTY THEFT OR SHOPLIFTING In most cases, if it is your first offense, and the property alleged to have been stolen is valued at less than $400, you will be charged with a petty theft (such as shoplifting), which is punishable by a small fine and 1 to 3 years of informal probation. In many cases, a first offense can be reduced to an infraction, which means you will NOT have a criminal record. If a person picks up a second or third shoplifting offense, the consequences can be much more serious because the DA has the discretion to charge you with Felony, and they usually do. Such a charge is called a “petty theft with a prior”, and is punishable by up to 3 years in the state prison. :: GRAND THEFT When a person steals property that is valued over $400, or money exceeding $400, it is a serious offense and can be charged as either a misdemeanor or a felony. With Grand Theft, your penalties can range and include the following:
When a person enters a store or business with the intent to steal, they have committed a Burglary. There is First Degree Burglary (when a person enters an inhabited dwelling like a home), and Second Degree Burglary (entering a business or any uninhabited dwelling). First Degree Residential Burglary is much more serious because it is often filed as a Strike, and has a punishment ranging from 2 to 6 years in the state prison. Second Degree Burglary carries a prison sentence of 16 months to 3 years in state prison. A person who has prior felony convictions, strikes or prison priors, can find themselves in big trouble when they are charged with a new theft offense. An experienced attorney like Ann Gottesman can make sure you are properly represented, and can often get probation and counseling for repeat offenders (see my “Results” page). There are many options to explore, such as motions (motion to strike prior conviction, reduce a felony to a misdemeanor, etc…), psychological evaluation, investigation of witnesses and evidence, etc… :: ROBBERY Robbery is one of the most serious types of theft crimes and occurs when a person takes property from another by force or fear or with the threat of force. A robbery is often charged a serious and violent felony, which is a Strike. It carries a punishment ranging from 2 years (Second Degree Robbery) up to Life in prison, if a weapon was used or the victim injured. Other Theft offenses include:
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