Part of the North Bay region in California, the city of Santa Rosa spans along the US Route 101 corridor and is about 55 miles north of San Francisco by way of the Golden Gate Bridge. Theft crimes in this area are reported for vehicles, petty larceny and burglary.
If you’re arrested for theft in Santa Rosa or other places in California, you must immediately retain a Santa Rosa theft crimes lawyer. When facing theft charges, you’ll need professional legal support to preserve your rights and get the best legal defense.
Theft crimes come in various forms, and the information below will help you better understand the types and possible punishments.
Work with a Theft Defense Attorney to Experience Better Results in Your Case
You must consult a theft defense attorney if you’re convicted of shoplifting or have stolen a bike. They will review all aspects of your case and help strategize a customized defense. Don’t face criminal charges yourself. Retain legal services to have a legal advocate who will preserve your rights and guide you in the right direction.
Types of Theft
Theft takes various forms in Santa Rosa - from Petty Theft to Grand Theft and crimes like burglary, robbery, robbery, shoplifting, and embezzlement. What you receive in punishment will depend on the severity of the crime, the amount of money stolen, and if other crimes were committed during the activity.
Below is a rundown of the types of theft that require legal counsel and the help of a criminal defense lawyer.
Petty Theft
Petty theft involves stealing property valued at up to $950. The misdemeanor crime leads to six months in jail for a first conviction.
Grand Theft
Grand theft involves the theft of items valued at more than $950. The crime can be a wobbler - either a misdemeanor or felony, depending on the factors of the case. Examples of grand theft include automotive theft, embezzlement of large sums of money, and high-value shoplifting.
Burglary and Robbery
Some people get burglary mixed with robbery, but the crimes are different. The main difference between burglary and robbery is that burglary entails breaking and entering a structure, while robbery involves using a threat or force to steal from a person.
Burglary of a private residence counts, in some instances, as one of three strikes under California’s Three Strikes law.
The Three Strikes and You’re Out Law is a sentencing legislation that increases the punishment for a repeat felon. Therefore, anyone who is a repeat offender with three or more serious or violent felonies can face a minimum sentence of 25 years to life in prison.
A strike is defined as a previous conviction for a violent or serious felony. While the first two strikes can be any type of felony, the third strike must be violent or severe. If you’re a second striker, you face double the regular sentence for the crime.
Needless to say, with this law on the books, you certainly need a lawyer for theft crimes. The Three Strikes Law has significantly impacted the criminal justice system, as it has increased the number of cases that are prosecuted, led to fewer guilty pleas, and caused more jury trials.
The reason the law was created was to keep repeat offenders, especially violent criminals, behind bars.
Shoplifting
Shoplifting is defined as a larceny-theft.
Larceny-theft is the illegal taking or carrying away of another individual’s property. It includes crimes such as picking pockets, shoplifting, and stealing motor vehicles and bicycles.
The Elements of Larceny
Larceny is better understood if you look at the elements. These elements include:
- Taking or carrying away property that is personal and belongs to another person
- This taking is without consent
- There is an intent to steal
- The property has value
Embezzlement
This type of theft is appropriating property that someone has entrusted to you.
Other Theft Crimes
Other crimes involving theft include identity theft, receipt of stolen property, extortion, credit card fraud, and check fraud.
Punishments
The punishments for theft, again, depend on the theft committed and whether the charge is a felony or misdemeanor.
Petty Theft
If you steal $950 or less of items or services, this misdemeanor may lead to $1,000 in fines and up to six months in the county jail. You may also receive probation instead of prison.
Grand Theft
You can be charged with a misdemeanor or felony. This wobbler offense may land you in prison for up to three years, or you may end up with probation and little or no jail time.
Receipt of Stolen Property
If you conceal, withhold, or sell stolen property, it’s considered a wobbler crime, which may be charged as a misdemeanor or felony. If you’re charged with a felony, you can spend up to three years in prison.
How a Theft Defense Attorney Can Help You
A criminal defense lawyer experienced in theft crimes can help in numerous ways. Below are some primary ways they can assist in your theft crime case.
Finding Weaknesses in the Prosecutor’s Case
When they take your case, a theft defense attorney will review all the evidence, including surveillance footage, witness statements, police reports, and other relevant documents. It allows them to find the weaknesses in the prosecutor’s case and develop the best defense strategy.
They know what the prosecutor must prove beyond a reasonable doubt and can spot where those elements may be missing or contestable.
Protecting Constitutional Rights
The criminal defense lawyer will also ensure your constitutional rights weren’t violated during the investigation or arrest process. Law enforcement has to follow strict procedures when gathering evidence and making arrests.
If they didn’t get the proper search warrants, conducted illegal searches, or violated your Miranda rights, your attorney can file motions to suppress evidence or even get the case dismissed. These procedural defenses are just as important as factual defenses to good results.
Negotiating and Plea Bargaining
Another important task of a theft attorney is negotiating with the prosecution. Many theft cases can be resolved through plea bargaining, resulting in reduced charges or alternative sentencing. An experienced attorney knows the local court system, prosecutors, and judges and can use this information to get the best plea deal.
Dismissing the Charges
In shoplifting or retail theft cases, attorneys work with loss prevention departments and store management to reach an agreement about paying restitution. In exchange for a dismissal of charges, they draft civil compromise agreements to repay retailers for the amount of merchandise stolen. It is especially effective for first-time offenders or cases with minimal monetary value.
Mitigating the Circumstances
Defense attorneys also prepare mitigation packages when necessary. They gather evidence of your character, employment history, community involvement, and circumstances that may have contributed to the alleged offense.
Managing Cases with Co-Defendants
In cases with multiple defendants or complicated schemes, theft attorneys know how to handle co-defendant issues. They can determine if separate trials are beneficial, evaluate the evidence against different defendants, and develop strategies to protect their client’s interest without being undermined by co-defendants’ actions or statements.
Call a Theft Crimes Attorney Now
A theft crimes attorney is your best ally if you’re arrested for any theft; you need legal counsel. Contact a criminal defense attorney now.