All theft crimes have similar elements. It is stealing someone else' property. The punishment may change depends upon the value of the property stolen. Under California Proposition 47, property that is valued at $950 dollars or less can only be charged as a misdemeanor and not a felony. Misdemeanors are punishable by up to 1 year in the county jail and not prison.
California Proposition 47 reduced the penalty to all theft crimes to misdemeanors where the value of the goods stolen or defrauded was $950 or less. Those with so called “super strikes” or a prior conviction that requires sex offender registration under California Penal Code 290 are punished under the old laws and can more easily be charged with a felony. The “super strike” offenses in PC 667(e)(2)(C)(iv) are sexually violent offenses, child molestation, homicide or attempted homicide, solicitation to commit murder, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, and any serious or violent felony
Elements Of The Crime (Summary)
- Take property belonging to someone else
- Without owner or owner agent's consent
- When taken, suspect intended to permanently deprive or keep for so long the owner was deprived of a major portion of the value or enjoyment of the car
- Suspect moved property, even a small distance, and kept it for any period of time
Under California Law it is a misdemeanor to steal property valued up to $950. The punishment for this crime is up to 6 months in jail. Grand Theft
Penal Code § 487 it is a wobbler to steal property valued at more than $950. A "wobbler" can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail sentence that can be imposed is 1 year. If charged as a felony the sentencing triad is 16 months, 2 years or 3 years in custody and a fine up to $10,000 dollars.
The sentence for people convicted of theft crimes could see an increase in punishment if they hold special positions. For example if the person convicted was an employee, caretaker or had some special relationship to the named victim, then the court could way that in favor of increased punishment. The punishment can also change if the victim is vulnerable such as an elderly or disabled person. Theft crimes include several crimes including, petty theft, grand theft, embezzlement, identity theft, band fraud, bootlegging, real estate fraud, and many white color crimes. The crime of theft is always serious and can be charged as a felony depending on the value of the goods that were taken.
Theft crimes are always prosecuted vigorously and you should contact a theft attorney at The Bogan Law Firm, A Professional Corporation for an immediate consultation. A theft related conviction will have adverse immigration consequences if you are not a citizen of the United States. Also even if you are a citizen a theft conviction will haunt you the rest of your life with finding good jobs and clearing background checks for promotion.
Your freedom is very important. Call The Bogan Law Firm, A Professional Corporation for an immediate consultation.