OC Theft Defense Attorney
Summary: This page covers What is Theft in Orange County, Responsibilities of a Prosecutor in Theft Cases, Theft Punishments in California.
The use of the word, “theft” as it pertains to law is very general. The best way to define theft is the physical removal of an object capable of being stolen without the consent of the owner. That broad spectrum makes it important to find the best OC theft defense attorney for the best defense.
What is Theft in Orange County
Finding the best OC theft defense attorney is important, you can start and end your search at Johnson Criminal Law Group. Theft is simply the removal of an object without the consent of the owner. The law is purposely broad because it covers a wide array of scenarios. For example, a thief might get rid of the stolen property to avoid getting charged. They may feel like if they don’t have it anymore, there is no crime. But the crime was the removal of the item, not keeping it. So, what does theft actually cover? Theft comes with different titles in criminal law. You may be charged with larceny, embezzlement, petty theft and grand theft. The possible punishment for each charge differs. But you will want the best OC theft defense attorney no matter what charge you find yourself facing.
Responsibilities of a Prosecutor in Theft Cases
We all have heard the line, “beyond a reasonable doubt” in TV shows or movies that are focusing on murder trials. It is the responsibility of the prosecutor to prove, “beyond a reasonable doubt” that the murder took place and that the defendant is guilty of the crime. But what does a prosecutor need to do in a theft or grand theft case? The prosecutor must prove that the defendant took possession of the property without the knowledge of the owner. That’s essentially all they need to prove. What the defendant planned to do with the item is a moot point. Here is the kicker though, taking possession doesn’t exactly mean taking it with you. Movement is the word that is the most important when discussing theft laws in California. Movement occurs when the defendant moved the property, even a short distance, and even for a brief period of time.
Theft Punishments in California
Johnson Criminal Law Group, your OC theft defense attorney will do their absolute best trying to avoid any sort of punishments. However, California does have a penal code which suggests to judges what possible punishments could be for a defendant who is found guilty. The judge has the right to implement a punishment no greater than the suggested punishment. Petty theft carries a maximum of up to 3 years of informal probation, 6 months in jail, and a $1,000 fine. The judge may also go as light as dismissing the charges and assigning theft education classes in lieu of formal punishments. Grand theft is a bit different. The charges could be considered a felony but they can also be charged as misdemeanors depending on the value of the stolen property. Misdemeanor grand theft carries the same punishment possibilities as petty theft. However, a felony grand theft charge carries anywhere from 16 months to 3 years in prison.
OC Theft Defense Attorney
Johnson Criminal Law Group has the team of attorneys you need to help with your case. Theft seems like a pretty straightforward case for the prosecution. However, there are ways that we can assist that can help prove your innocence. For example, lack of intent, right of possession, and consent. The goal is to disprove the prosecution’s case as they try to prove theft occurred.
