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, Robbery & Burglary
These terms are often used interchangeably in casual conversation, but they represent distinct offenses with different legal implications:
Theft
Stealing property without force or the threat of force. The property is simply taken.
Burglary
Illegally entering a structure with the intent to steal—regardless of whether theft actually occurs.
Robbery
Taking property through the use or threat of force. The most serious of the three.
Petty Theft vs. Grand Theft
In California, the value of the stolen property determines the severity of the charge. The dividing line is $950. Both can be charged as either felonies or misdemeanors depending on circumstances.
Petty Theft
Value under $950. Typically a misdemeanor, carrying up to 6 months in jail and $1,000 in fines.
Grand Theft
Value over $950. Often charged as a felony, carrying up to 3 years in prison and $10,000 in fines. Embezzlement of company funds typically falls into this category.
When Charges Can Escalate
Theft rarely stands alone. If the allegedly stolen money was used for narcotics activity, penalties can be significantly higher. You might also face accomplice charges if prosecutors believe you were involved in larger criminal operations. Conversely, this dynamic can create opportunities for favorable plea bargains in exchange for cooperation.
California Theft Defenses
Specific Intent
A defendant must have intended to steal. Consider this scenario: A shopper tries on jewelry, keeps it on longer than intended, places it in their handbag to show friends, and accidentally walks out of the store.
Result: There was no intent to steal. If a defendant has a clean record, this defense is more likely to succeed.
Lack of Asportation
Asportation requires proof of three elements: (1) property was separated from its rightful owner, (2) it was in complete possession of the accused, and (3) the property was moved.
Example: In an embezzlement case at work, did the money ever actually reach the defendant's bank account or intended destination? If not, asportation may not be established.
Claim of Rightful Ownership
You cannot steal what belongs to you. If you loaned your lawnmower to a neighbor, grew frustrated waiting for its return, and retrieved it from their garage, you are not guilty of theft—though a trespassing issue might remain.
Key point: Even if the accused simply believed the property was theirs—even if mistaken—this can serve as a valid legal defense.
Note: Returning stolen property is not a legal defense against the charge itself, though it may influence the District Attorney's decision to file or continue charges.