Santa Rosa Theft Crimes Attorney

If you're facing theft crime charges in Santa Rosa or anywhere in Sonoma County, you're likely experiencing a whirlwind of emotions – fear, anxiety, and uncertainty about your future. You might ask yourself: Will this affect my job? My family? My freedom? These are valid concerns, and you're not alone in feeling this way. 

I'm Evan E. Zelig, a dedicated criminal defense attorney in Santa Rosa, and I want you to know that I understand what you're going through. The stress of criminal charges can be overwhelming, but you don't have to face this challenge alone. 

With over a decade of experience defending clients against theft charges, Santa Rosa theft crimes lawyer at Law Offices of Evan E. Zelig are here to guide you through this difficult time, protect your rights, and fight for the best possible outcome in your case.

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Why Choose the Law Offices of Evan E. Zelig for Your Criminal Defense?

When facing theft charges or any criminal allegations in Santa Rosa and surrounding areas, the Law Offices of Evan E. Zelig offers unparalleled legal representation. With comprehensive experience in all felony and misdemeanor crimes, from DUIs to murder charges, our firm brings a wealth of knowledge to your defense. 

Our founding attorney is admitted to practice in every State and Federal Court in California, ensuring we can represent you wherever your case is heard. Strategically located minutes from the Sonoma County courthouse and jails, we provide swift and effective representation. We serve clients throughout the Santa Rosa area. 

Early intervention is crucial in criminal cases, so we encourage you to reach out even before authorities file charges. Available 24/7, we're always ready to answer your call and schedule a free initial consultation. You'll work directly with your dedicated criminal defense attorney throughout your case.

Defining Theft Under California Law

In California, theft is broadly defined as taking someone else's property without their permission. This definition encompasses many actions, from shoplifting a small item to embezzling large sums of money.

According to California law, theft may include:

• Directly stealing or taking something that belongs to another person.
• Misusing property that was entrusted to you.
• Tricking someone into giving you their property or money by lying or making false promises.
• Deceiving others about your financial status or business reputation to get credit, and then using that credit to obtain money or property dishonestly.
• Fraudulently obtaining someone's services or labor. 

Essentially, if you knowingly and intentionally take or use something that isn't yours without the owner's consent, whether through physical theft, fraud, or deception, California law considers it theft.

Petty Theft vs. Grand Theft: Understanding the Difference

In California, property theft crimes are primarily categorized into two main types: petty theft and grand theft. The distinction between these two categories significantly impacts the potential consequences you may face.

Petty Theft

• Defined as taking property valued at $950 or less
• Generally charged as a misdemeanor
• Common examples include shoplifting and minor pickpocketing

Grand Theft

• Involves stealing property valued at more than $950
• Can be charged as either a misdemeanor or a felony, depending on the circumstances
• Examples include auto theft (grand theft auto), embezzlement of large sums, and high-value shoplifting 

Certain types of theft, like stealing a firearm or an automobile, are automatically classified as grand theft, regardless of the item's value.

The Wobbler Nature of Grand Theft

One unique aspect of grand theft charges in California is their "wobbler" status. This means that, depending on the specific circumstances of the case and the defendant's criminal history, grand theft can be charged as either a misdemeanor or a felony. This flexibility in charging makes having an experienced defense attorney even more important, as there may be opportunities to argue for reduced charges.

Shoplifting: A Special Category Under Proposition 47

In 2014, California passed Proposition 47, which created a new shoplifting offense under Penal Code Section 459.5. This law defines shoplifting as entering a commercial establishment during regular business hours with the intent to commit larceny, where the value of the property taken or intended to be taken does not exceed $950. 

This change is significant because it mandates that shoplifting meeting these criteria be charged as a misdemeanor, rather than potentially facing more serious burglary charges. However, repeat offenses can still lead to more severe consequences.

Other Common Types of Theft Crimes in Santa Rosa Handled by the Law Offices of Evan E. Zelig

In addition to those crimes listed above, I handle many types of theft crimes in my practice. These include:

• Burglary: While often associated with home invasions, burglary in California is defined as entering any structure intending to commit theft or any felony. This can include entering a store after hours to steal merchandise or breaking into a car to take valuable items.
• Robbery: This is a more serious offense that involves taking property directly from a person using force or fear. Unlike other forms of theft, robbery is always charged as a felony due to its violent nature.
• Embezzlement: Embezzlement occurs when someone misappropriates assets they've been entrusted with for their personal gain. This often happens in professional settings, such as an employee stealing from their employer or a financial advisor misusing client funds.
• Identity Theft: In our digital age, identity theft has become increasingly common. This crime involves using someone else's personal identifying information, often for financial gain. It can range from using stolen credit card information to opening new accounts in someone else's name.
• Receiving Stolen Property: You can be charged with a theft crime even if you didn't steal anything yourself. Knowingly receiving, buying, or selling stolen property is a crime under California law.
• Check Fraud: Writing bad checks or forging checks are forms of theft by false pretenses. These crimes can range from misdemeanors to felonies, depending on the amount involved and the defendant's criminal history.
• Credit Card Fraud: Using someone else's credit card without permission, or using a fraudulently obtained credit card, falls under theft crimes and can lead to serious charges.

Potential Consequences of Theft Convictions in California

The consequences of a theft conviction in California can be severe and long-lasting. They extend beyond just legal penalties and can significantly impact various aspects of your life. Here's a detailed look at the legal penalties you might face:

Petty Theft (Misdemeanor)

• Up to 6 months in county jail
• Fines up to $1,000
• Informal probation

Grand Theft (Misdemeanor)

• Up to 1 year in county jail
• Fines up to $1,000
• Probation

Grand Theft (Felony)

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Formal probation

Robbery (Felony)

• 2, 3, or 5 years in state prison for second-degree robbery
• 3, 6, or 9 years in state prison for first-degree robbery
• Additional time for use of a weapon or causing injury

Burglary (Felony)

• 2, 4, or 6 years in state prison for first-degree burglary
• 16 months, 2 years, or 3 years for second-degree burglary

Additional Consequences of a Santa Rosa Theft Conviction

Beyond these direct legal penalties, a theft conviction can have far-reaching effects on your life:

• Criminal Record: A theft conviction becomes part of your permanent criminal record, which can be accessed by potential employers, landlords, and others.
• Employment Difficulties: Many employers are hesitant to hire individuals with theft convictions, especially for positions involving handling money or valuable goods.
• Professional Licenses: If you hold a professional license (e.g., in law, medicine, real estate), a theft conviction could lead to suspension or revocation of your license.
• Immigration Consequences: For non-citizens, certain theft convictions can lead to deportation or denial of naturalization.
• Housing Issues: Landlords often conduct background checks and may deny housing to individuals with theft convictions.
• Educational Opportunities: Some educational institutions and scholarship programs may deny admission or financial aid to individuals with criminal records.
• Personal Relationships: The stigma of a theft conviction can strain personal and professional relationships.
• Financial Repercussions: In addition to fines, you may be required to pay restitution to the victim. A conviction can also impact your credit score and ability to obtain loans.
• Loss of Rights: Felony convictions can result in the loss of certain rights, such as the right to own firearms or vote.
• Increased Penalties for Future Offenses: A theft conviction on your record can lead to enhanced penalties if you're charged with another crime in the future. 

Given these serious and wide-ranging consequences, you need a strong defense against theft charges. As your Santa Rosa theft crimes lawyer, I'm committed to helping you avoid or minimize these impacts on your life.

Your Constitutional Rights in Theft Cases

When facing theft charges, you have constitutional rights. As your defense attorney, the Law Offices of Evan E. Zelig will protect these rights throughout the legal process:

• Fourth Amendment Rights: Protection against unreasonable searches and seizures. If evidence was obtained through an illegal search, we can move to have it suppressed.
• Fifth Amendment Rights: This includes your right to remain silent and not incriminate yourself. Never speak to law enforcement without an attorney present.
• Sixth Amendment Rights: You have the right to legal counsel and to confront witnesses against you. I'll be by your side every step of the way, cross-examining prosecution witnesses and presenting your defense.
• Eighth Amendment Rights: Protection against excessive bail or cruel and unusual punishment.

Common Defense Strategies for Theft Cases

Every theft case is unique, and as your Santa Rosa defense attorney, I'll develop a strategy tailored to the specific circumstances of your case. Here are some common defenses we might employ:

• Lack of Intent: Theft crimes require intent. This could be a valid defense if you mistakenly took something believing it was yours or that you had permission.
• Claim of Right: If you had a good faith belief that you had a right to the property, even if that belief was mistaken, it could negate the intent required for a theft conviction.
• Consent: If the alleged victim permitted you to take or use the property, it's not theft.
• Intoxication: While not a complete defense, evidence of intoxication can sometimes be used to show a lack of specific intent required for certain theft charges.
• Mistaken Identity: In some cases, particularly shoplifting, you may have been wrongly identified as the perpetrator.
• Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If they can't, you should be acquitted.
• Illegal Search and Seizure: If evidence was obtained while violating your Fourth Amendment rights, we can move to have it suppressed.
• Entrapment: If you were induced by law enforcement to commit a crime you otherwise wouldn't have committed, this could be a valid defense.
• Plea Bargaining: In some cases, the best strategy may be to negotiate with the prosecution for reduced charges or alternative sentencing.

The Legal Process: What to Expect When Facing Theft Charges in Santa Rosa

Understanding the legal process can help alleviate some of the anxiety associated with theft charges. Here's a general overview of what you can expect when you are accused of a Santa Rosa theft crime:

Initial Stages: Arrest, Booking, and Arraignment

The process often begins with an arrest and booking. During this stage, you'll be taken into custody, photographed, fingerprinted, and your personal information will be recorded. Following this, you'll have your first court appearance, known as the arraignment. 

Here, the charges against you will be formally read, and you'll enter a plea of guilty, not guilty, or no contest. As your attorney, I'll be there to advise you and ensure your rights are protected throughout this process.

Bail Hearing

If you're held in custody, we may request a bail hearing. During this hearing, we'll argue for your release or a reduction in bail amount, aiming to secure your freedom while the case proceeds.

Pre-Trial Proceedings

The pre-trial phase involves several potential hearings and motions. This includes discovery, where we exchange evidence with the prosecution, and in felony cases, a preliminary hearing to determine if there's enough evidence to proceed to trial. 

We may also file a motion to suppress, challenging any illegally obtained evidence. Throughout this phase, we'll engage in plea bargaining, negotiating with the prosecution for a favorable plea deal if appropriate.

Trial

If a plea agreement isn't reached, your case will go to trial. The trial process involves several stages: jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, and jury deliberation. I'll be there to represent your interests vigorously throughout.

Sentencing and Appeals

If you're found guilty or accept a plea deal, the judge will determine your sentence. At this stage, I'll advocate for the most favorable outcome possible, potentially including alternatives to incarceration. If there were legal errors in your trial, we can appeal to a higher court. 

My role is to explain each step, prepare you for what's to come, and vigorously defend your rights at every turn. With the Law Offices of Evan E. Zelig, you're never alone in facing these challenges.

Rehabilitation and Alternative Sentencing Options

In many theft cases, especially for first-time offenders or those with minor charges, there may be alternatives to traditional sentencing that focus on rehabilitation rather than punishment. As your attorney, I'll explore these options and advocate for the most beneficial solution for your situation.

Some possibilities include:

• Diversion Programs: These programs allow defendants to complete certain requirements (like counseling or community service) in exchange for having charges dismissed.
• Prop 36: For qualifying non-violent drug offenders, this program offers substance abuse treatment instead of incarceration.
• Community Service: In some cases, judges may allow defendants to perform community service instead of jail time or as part of a reduced sentence.
• Restitution Programs: These focus on compensating the victim for their losses, often combined with other rehabilitation efforts.
• Counseling or Therapy: For cases where underlying issues like substance abuse or mental health concerns contributed to the theft, court-ordered counseling may be an option.
• Electronic Monitoring: Home confinement with electronic monitoring can sometimes be arranged as an alternative to jail time.
• Work Release Programs: These allow defendants to maintain employment while serving their sentence. 

As your Santa Rosa criminal defense lawyer, I'll thoroughly explore these options and advocate for the most appropriate alternative sentencing that serves both justice and your best interests.

Expungement: A Path to Moving Forward

If you have a theft conviction on your record, you may be eligible for expungement under California law. Expungement is a legal process that can help clear your criminal record and mitigate some of the long-term consequences of a conviction.

What is Expungement?

Expungement, under California Penal Code 1203.4, allows individuals who have completed their sentence and probation to petition the court to reopen their case, withdraw the plea or verdict of guilty, and dismiss the case. While it doesn't completely erase the record of your arrest and conviction, it can significantly improve your prospects in many areas of life.

Benefits of Expungement

• Employment: After expungement, you can legally answer "no" to questions about convictions on job applications (with some exceptions for government jobs and professional licensing).
• Housing: An expunged conviction is less likely to show up on background checks for housing applications.
• Professional Licenses: Expungement can make it easier to obtain or maintain professional licenses.
• Peace of Mind: Expungement can provide a sense of closure and allow you to move forward with your life.

Eligibility for Expungement

Generally, you may be eligible for expungement if:

• You've completed your probation (or it was terminated early).
• You're not currently charged with, serving a sentence for, or on probation for another offense.
• You did not serve time in state prison for the offense (or would not have served time in state prison under current law). 

Even if you're not currently facing charges, I can assist with the expungement of past convictions to help you move forward with a clean slate.

Contact the Law Offices of Evan E. Zelig: Your Advocate in Theft Crime Defense

Facing theft charges can be a daunting experience, but you don't have to go through it alone. As your Santa Rosa theft crimes attorney, the Law Offices of Evan E. Zelig are here to provide the skilled, compassionate, and aggressive defense you need. 

Remember, early intervention can make a significant difference in the outcome of your case. The sooner you involve a skilled Santa Rosa defense attorney, the better your chances of a favorable resolution. Don't let theft charges derail your life. 

Contact the Santa Rosa criminal defense lawyer at Law Offices of Evan E. Zelig, P.C. today to schedule a consultation. Let's work together to clear your record and pave the way for a brighter tomorrow. Call our Santa Rosa office at (707)636-3204 or contact us online. Your fresh start is just a phone call away.

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Our Santa Rosa Office Address

Evan E. Zelig
703 2nd Street Suite 404,
Santa Rosa, CA 95404
707-636-3204