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Theft

Santa Barbara Theft Lawyers

Defending Your Rights Against Criminal Charges

Under the laws of California, the crime of theft (also referred to as larceny) is defined as the unlawful taking of someone else’s property. Theft is divided into two classifications – petty theft and grand theft.

PC 484(a) and PC 488 PC define petty theft as any theft crime that meets the following:

  • The value of the property stolen is $950 or less;
  • The property was not taken directly off another person (such as a robbery or
    mugging offense); AND
  • The item stolen was not a gun or an automobile

If an individual in California is convicted of petty theft, the individual’s crime is punishable by up to 6 months in jail and/or a maximum fine of $1,000.

Generally speaking, any theft that does not meet all of the requirements of a petty theft according to California Penal Code Section 484(a) and California Penal Code Section 488 PC will constitute a grand theft. In most cases, grand theft in California is a wobbler, meaning that it can be charged as either a misdemeanor or felony grand theft. A misdemeanor grand theft is punishable up to one year in county jail. If it’s a felony, one may be sentenced to sixteen months, two years, or three years of incarceration in the county jail.

We know the system and how to win. Call us at (805) 749-5670 or contact us online today to set up a free consultation. 

Understanding the Different Types of Theft Crimes

When it comes to theft crimes, there are various types of charges that individuals may face in California. It's important to understand the distinctions between these offenses and the potential consequences associated with each one. Our experienced Santa Barbara theft lawyers can help you navigate the complexities of theft laws and provide you with a strong defense strategy tailored to your specific situation.

Some common types of theft crimes include:

  • Shoplifting
  • Embezzlement
  • Burglary

Each type of theft crime carries its own set of legal elements and penalties, so it's crucial to have a knowledgeable attorney on your side to protect your rights and advocate for the best possible outcome in your case.

Defenses to Theft Charges in California

Sanford Horowitz experienced California criminal defense attorney. With his help, you may be able to beat theft charges using certain legal defenses, such as:

  • You did not intend to steal,
  • The allegedly stolen property actually belonged to you,
  • The person who owed the item consented to you taking it, and/or,

There are additionally many other defenses that the skilled trial attorney at Sanford Horowitz Criminal Defense, P.C. prepared to engage to vigorously defend his clients. 

The Impact of Theft Crime Charges on Your Life

Being charged with a theft crime can have far-reaching consequences that go beyond legal penalties. A conviction can tarnish your reputation, making it difficult to find employment, secure housing, or even pursue educational opportunities. Employers often conduct background checks, and a criminal record can be a significant barrier to gaining or maintaining employment. Additionally, a theft conviction can strain personal relationships and result in social stigma, further complicating your daily life.

Common Mistakes People Make When Accused of Theft

When faced with theft charges, individuals often make several critical mistakes that can jeopardize their defense. These include:

  1. Speaking to Law Enforcement Without an Attorney: One of the most significant errors is talking to police officers without legal counsel present. Anything said can be used against the accused in court, and misunderstandings or misstatements can inadvertently incriminate the individual.
  2. Delaying Legal Representation: Some people wait too long to seek legal help, thinking the charges will go away or misunderstand the severity of their situation. This delay can result in missed opportunities to build a strong defense early on.
  3. Pleading Guilty Prematurely: In an attempt to quickly resolve the matter, some individuals may plead guilty without fully understanding the implications of their plea. This can lead to severe penalties and a lasting criminal record.
  4. Attempting to Hide or Destroy Evidence: Trying to conceal or destroy evidence can lead to additional charges and complications, further worsening the situation.
  5. Using Social Media Inappropriately: Posting on social media about the case, or even about unrelated activities, can provide prosecutors with evidence that can be misconstrued or used against the defendant.
  6. Not Documenting an Alibi: Failing to gather and document evidence or witnesses that could provide an alibi can weaken the defense significantly.

How Our Santa Barbara Theft Lawyer Can Help You Avoid These Mistakes

Our Santa Barbara theft attorneys can be instrumental in helping individuals avoid these common mistakes. By providing immediate counsel, they can help ensure that the accused does not make any self-incriminating statements to law enforcement. Early legal intervention allows for a thorough investigation and collection of evidence, improving the odds of a favorable outcome. Our skilled attorney will explain the entire legal process, ensuring that the accused makes informed decisions, including understanding the full ramifications of any plea deals. Furthermore, our experienced lawyer will instruct clients on the importance of preserving evidence and avoiding harmful behavior, such as inappropriate social media use. By preparing a robust defense strategy and handling all communications with prosecutors, our Santa Barbara theft defense lawyers can enhance the likelihood of a positive resolution for their clients.

How an Attorney Can Help

Acquiring the services of an experienced attorney is crucial when facing theft crime charges. A skilled lawyer can offer you more than just legal representation; they provide essential guidance and support throughout the entire legal process.

An attorney thoroughly understands the intricacies of theft laws and can examine the nuances of your case to build a robust defense strategy. From negotiating plea deals to protecting your rights in court, a knowledgeable lawyer can work to reduce charges, minimize penalties, or even achieve a dismissal of your case.

At Sanford Horowitz Criminal Defense, P.C., we are committed to defending your future and helping you navigate these challenging times with confidence.

Request your free initial consultation by calling us at (805) 749-5670 or filling out our online contact form. We are here to help!

The Right Firm Makes a Difference

Why Clients Choose Us
  • Aggressive & Compassionate Representation
    You are our number one priority in and out of the courtroom.
  • Former Prosecutor on Your Team

    Work with an experienced former prosecutor who knows both sides.

  • Providing Service in Spanish
    Criminal defense provided by a Spanish-speaking team.
  • Offering 100% Free Consults
    Talk through all of your legal options during a free consultation.

What Clients Are Saying

  • A former prosecutor, Sandy is a skilled litigator who understands both sides of the criminal justice system, which is a tremendous asset. While we hope never to be in a similar situation again, we can recommend Sandy without hesitation.
    - Ann S.
  • A great relief and reassurance to anyone potentially facing criminal charges.
    - S.A.
  • To say that Horowitz is a great lawyer is an understatement. I would highly recommend him to anyone dealing with a legal issue.
    - Haley S.
  • In addition to being highly intelligent and professional, he is incredibly empathetic and kind, which helps when dealing with life’s unpleasant situations.
    - Eli S.