Theft and
Embezzlement
Expertise Overview
- ✓ Petty & Grand Theft Defense
- ✓ Embezzlement Specialists
- ✓ Strategic Plea Negotiations
- ✓ Trial-Ready Representation
"The better the theft legal defense strategy is, the more options the defendant may end up having."
Los Angeles Theft Defense Lawyers
Theft charges can leave someone subject to fines, jail time or both. Before pleading guilty, defendants need to remember that there are several viable defenses that might obtain either acquittal or a plea deal. It’s imperative to be working with a theft defense lawyer who understands the challenges the prosecution faces in attempting to secure a conviction.
Understanding Theft
Theft, robbery, and burglary are distinct offenses with significant legal implications. While they are often used interchangeably in casual conversation, their differences matter:
- Theft: Stealing property without force or the threat of force.
- Burglary: Illegally entering a structure with the intent to steal.
- Robbery: Taking property through the use or threat of force.
Petty Theft vs. Grand Theft
In California, the value of the stolen property determines the severity of the charge. The dividing line is $950.
Petty Theft
Value under $950. Typically a misdemeanor, carrying up to six months in jail and $1,000 in fines.
Grand Theft
Value over $950. Often charged as a felony, carrying up to three years in prison and $10,000 in fines. Embezzlement of company funds also typically falls into this category.
Note that penalties can escalate if the theft is associated with other crimes. For example, if embezzled money is linked to narcotics activity, the potential legal consequences are significantly higher.
Defenses for Theft in California
Specific Intent
A defendant must have intended to steal. Accidental removals or misunderstandings in a retail environment lack the "specific intent" required for a conviction.
Lack of Asportation
Asportation requires the property to be separated from its owner, completely possessed by the accused, and moved. If asportation cannot be proven—such as in complex embezzlement cases where funds never reached an intended account—the theft charge may fail.
Claim of Rightful Ownership
You cannot steal what belongs to you. A sincere, provable belief in ownership—even if mistaken—can serve as a valid legal defense.
Note: Returning stolen property is not a legal defense against the charge itself, though it may influence sentencing or the District Attorney's decision to file charges.