THEFT

In Santa Barbara, like the rest of California, theft is one of the most common criminal offenses and many types of theft exist. California takes these crimes seriously; even misdemeanors carry the potential for jail time and a life long criminal record. The long–term and serious consequences of any criminal theft conviction mean it’s important to put an experienced Santa Barbara criminal defense attorney in your corner who will be proactive, protect your rights, negotiate with prosecutors and fight for the best possible outcome on your behalf.

The crime of taking another’s property is broadly referred to as “theft” under California law.  Though most charges under this umbrella of offenses are classified by value as either petty theft or grand theft, not every crime is charged under these statutes.  The most frequently charged theft crimes in Santa Barbara and the surrounding areas are:

PETTY THEFT

Petty theft is defined by statute as unlawfully taking property which is worth $950 or less.  This misdemeanor charge occurs when someone:

• Takes possession of another’s property
• Takes the property without the owner’s permission
• Had the intent to permanently deprive the owner of the property
• Moved the property and kept it for some amount of time

First–offense petty theft is usually a misdemeanor, but it potentially becomes a felony if charged as “petty theft with a prior” if the accused has a prior theft conviction, served time in either jail or prison, and was also convicted previously for certain sex crimes or violent offenses.

GRAND THEFT

Grand theft, as the name suggests, is unlawful taking of another’s property with a value exceeding $950.  This offense may be either a misdemeanor or a felony depending on the facts present.  Before Proposition 47 passed, theft of a firearm or vehicle were automatically charged as felonies under this law even if their value was under $950.  This is no longer the case – the value must exceed $950 for felony charges to apply.

ROBBERY

Robbery is the taking of someone’s personal property from either their person or their immediate presence by use of either force or fear.  First–degree robbery involves taking property from either a driver or passenger in a car, bus, or in other transportation, someone in an inhabited structure, or someone at or just finished with an ATM.  Second–degree robbery is any other circumstances in which robbery occurs.  Robberies may also occur at the same time as other crimes and be charged accordingly.  For example, breaking into a house while the owner is home and pointing a gun at them before stealing their jewelry can result in robbery and burglary charges.

BURGLARY

The crime of burglary involves entering either a residential or a commercial building with intent to commit either theft or any felony.  Whether the theft or felony is accomplished is irrelevant – the burglary charge applies simply by having intent and entering a building.

First–degree burglary is a felony which involves a residence, while a second–degree charge is either a misdemeanor or felony and involves burglary of either a commercial building or another non–residential structure (including vehicles).  An unusual subset of burglary is shoplifting; if someone has an intent to enter a store they are shoplifting, which fits the legal definition of burglary.  Depending on the value of any property stolen it can be charged as either a misdemeanor or felony.

CARJACKING

Carjacking is a violent felony and a “strikeable” offense for the purposes of California’s “Three StrikesLaw”.  It involves the use of either force or fear to take a vehicle from another person.

RECEIVING STOLEN PROPERTY

It’s illegal in California for you to purchase, conceal, receive, or sell property that you either know or have reason to believe was stolen.  The punishment for receiving stolen property can be as severe as if you had stolen the property yourself, meaning the offense can be charged as a misdemeanor or felony depending on the facts involved.

In addition to the most common types of theft, California law also considers the following offenses to fall within the same category: possession of burglary tools, embezzlement, money laundering, identity theft, mail theft, forgery, credit card fraud and writing bad checks.

PENALTIES FOR THEFT CONVICTIONS

Depending on the circumstances and the charge filed by prosecutors, a theft conviction results in potentially serious consequences in California.  In addition to penalties for a charge set out in the law, you may face enhanced sentences for if you have a prior criminal record or committed a theft involving a firearm, great bodily injury or gang activity. Some felony theft charges also count as strikes under the “Three Strikes Law”.

Misdemeanor theft charges generally carry the following sentences for incarceration:

• Petty theft: up to 6 months
• Misdemeanor shoplifting: up to 6 months
• Misdemeanor petty theft with a prior: up to 1 year
• Misdemeanor grand theft: up to 1 year
• Misdemeanor second–degree burglary: up to 1 year
• Misdemeanor receiving stolen property: up to 1 year

Felony theft offenses potentially result in sentences including:

• Felony shoplifting: up to 3 years
• Felony petty theft with a prior: up to 3 years
• Felony grand theft: up to 3 years
• Felony receiving stolen property: up to 3 years
• First–degree burglary: up to 4 years
• Felony second–degree burglary: up to 3 years
• First–degree robbery: up to 9 years
• Second–degree robbery: up to 5 years
• Carjacking: up to 9 years (without enhancements or consideration of prior strikes)

It’s important to know that with help from a dedicated, knowledgeable criminal defense attorney many first–time offenses may qualify for either a diversion program or probation instead of jail time.  Christy Horowitz has experience as a former prosecutor and can negotiate with prosecutors on more serious offenses to seek compassionate alternatives to jail or prison time and preserve your future.