Theft Crimes

Not every theft charge is the same. The severity of the charges depends on several factors including the value of the property taken, where it was taken from, if weapons were used, and whether the person charged has any priors. In San Diego the most common types of theft charges include the following:

Burglary

• The crime of burglary involves entering any structure or locked vehicle with the intent to commit theft.

First degree burglary

• First degree burglary occurs when an individual enters a residence with intent to commit a theft. First degree burglary is a felony and is considered a very serious offense.
  • The penalties for first degree burglary are:
    • Up to 2,4,6 months in state prison

Second degree burglary

• Second degree burglary occurs when an individual enters any type of structure other than a residence, usually a store or business. This can be charged as a felony or misdemeanor.
  • The penalties for second degree burglary are:
    
    • As a misdemeanor: county jail for up to a year AND/OR a fine
    • As a felony: a custodial term of 16 months, 2 or 3 years

Shoplifting

• Shoplifting occurs when a person enters an open business, with intent to steal merchandise with a value less than $950.

Defenses

• An experienced attorney can help you identify the most common defenses to fight burglary charges. For example:
  • You did not intend to commit a crime at the time you entered the building
  • The items stolen actually belonged to you or you had a belief that you had a legitimate claim to them
  • Mistaken Identity
  • The building you entered was not a residence or it was part of residence, but it was a detached structure

Robbery

Robbery is defined as the taking of another person’s property, from their immediate presence using force or fear.

• Penalties include:
  • Up to 9 years in prison
  • Violent strike on their record
  • A period of parole upon release

Defenses

• Lack of force or fear
• A legitimate claim to the property
• False accusation
• Mistaken identity

Grand Theft

The crime of grand theft occurs when a person unlawfully takes the property of another when the value of the property is more than $950.

• Common ways to commit grant theft include:
  • Theft by larceny-directly taking the property of another
  • Theft by deceit-tricking someone into surrendering physical control of their property
  • Theft by false pretense- tricking someone into surrendering legal control and physical control of their property
  • Theft by embezzlement-appropriating money that has been entrusted to you
• Grand theft is felony punishable by:
  • A sentence of 16 months, 2 or 3 years of incarceration

Defenses

• Acted with owners’ consent
• Merely borrowed the property in question
• You have a legal right to the property in question

Petty Theft

The crime of petty theft occurs when a person wrongfully takes or steals the property of another when then value of the property is less than $950.

• Petty theft is a misdemeanor punishable by:
  • Probation
  • Fines
  • Restitution
  • Up to 6 months in jail
  • Defenses
  • Acted with owners’ consent
  • Merely borrowed the property in question
  • You have a legal right to the property in question