Theft Crimes
What is theft?
Penal Code Section 484 defines it in pertinent part as:
“(a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another is guilty of theft.”
Theft takes different names, such as:
Let’s look at some of the most common.
Embezzlement
Penal Code Section 503 defines embezzlement as:
“Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.”
Many times this type of crime can be resolved by what is called a “civil compromise.” This keeps you out of jail or prison and repays the person whom the money was taken from.
Punishment depends on the value of the property taken. For more on that let’s take a look at the two degrees of theft, Grand and Petty.
GRAND THEFT
Penal Code Section 487 defines what grand theft is.
“When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400)..”
There are exceptions, such as:
* Value exceeding one hundred dollars ($100) for;
- Avocados
- Citrus Fruits
- Vegetables
- Nuts
- Artichokes
- Or other farm crops
- Shellfish, mollusks, kelp, algae taken from a commercial or research operation which is producing that product.
Punishment: Grand theft is either a felony punished by imprisonment in state prison for 16 months, 2 or 3 years or as a misdemeanor by imprisonment in the county jail not exceeding 1 year. This is what is called a “wobbler.”
PETTY THEFT
Penal Code Section 488 defines what petty theft is.
“Theft in other cases is petty theft.”
Basically that means anything generally $400 and under, or specialty items like the ones listed above with a value of $100 or less.
Punishment: Petty theft is a misdemeanor; maximum punishment is 6 months in the county jail and a fine not exceeding $1,000.
EXTORTION
Penal Code Section defines extortion as:
“Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”
Fear used to extort:
Penal Code Section 519 states:
“Fear, such as will constitute extortion, may be induced by a threat, either:
- To do an unlawful injury to the person or property of the individual threatened or of a third person; or
- To accuse the individual threatened, or any relative of his or member of his family, of any crime, or,
- To expose, or to impute to him or them any deformity, disgrace or crime; or,
- To expose any secret affecting him or them.”
Punishment:
Penal Code Section 520:
“Every person who extorts any money or other property from another, under circumstances no amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment in the state prison for two, three or four years.”
THEFT OF ACCESS CARDS
Penal Code Section 484e states:
“(a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent is guilty of grand theft.”
As you know, grand theft is a “wobbler” and can be charged as a felony carrying state prison time or as a misdemeanor which caries only local jail time.
There are other subsections that describe conduct that is only considered petty theft but are not discussed here.
RECEIVING STOLEN PROPERTY
Penal Code Section 496:
“(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, welling or withholding any property from the owner, knowing the property to be so stolen or obtained..”
Punishment: 16 months, 2 or 3 years in the sate prison or 1 year in the county jail.
ROBBERY
Penal Code Section 211
"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear."
What is "fear" as defined in the context of a Robbery? Well, it tells us in Penal Code Section 212; it may be either:
- The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family, or
- The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery."
Degrees of Robbery
First Degree:
Robbery of any person performing his or her duties as an operator of an bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles and every robbery which is perpetrated in an inhabited dwelling house, a vessel which is inhabited and designed for habitation, an inhabited floating home, a trailer coach which is inhabited or the inhabited portion of any other building. (Penal Code Section 212.5)
Also, robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine.
Punishment: (Penal Code Section 213)
If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel which is inhabited and designed for habitation, a trailer coach which is inhabited or the inhabited portion of any other building;
3, 6 or 9 years in the State Prison
3, 4 or 6 years in the State Prison in all other cases not specified above.
Second Degree:
Anything not listed as a First Degree robbery is a Second degree Robbery.
Punishment: (Penal Code Section 213)
2, 3 or 5 years in the State Prison
In addition Train Robbery is punishable as a felony for 16 months, 2 or 3 years in the State Prison.
CAR JACKING
Carjacking is considered and serious and violent crime and is governed by Penal Code Section 215 which reads:
“Carjacking" is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.”
Punishment: 3, 5, or 9 years in the State Prison.
However, you are looking at Life in State Prison with the possibility of parole if you are involved in a carjacking with the intent to commit a robbery. Penal Code Section 209 (b)(1) as well as Section (a)(1) is very complex. That is why you need an experienced criminal defense
attorney, an experienced theft attorney that knows the complexity of these types of crimes.
If you are charged with a carjacking, or worse, any crime set forth in Penal Code Section 209 involving a carjacking you need to contact Gregory B. Pike, an experienced criminal defense lawyer. Call Collect at 1-888-387-1101 before it’s too late.
Penal Code Section 215
**Interesting fact: You can be charged with both Carjacking and Robbery but you cannot be punished for both.
IMPORTANT NOTICE
These statutes are very complex. As such, it is very important that you chose a Lawyer that has the experience to handle such complex situations. If you are charged with a theft crime you need to contact an experienced theft crimes attorney. Contact Gregory B. Pike immediately to protect your rights.
All initial consultations are free and confidential.
Call from anywhere toll free at (888) 387-1101 or ,
by email at gregorypike@gmail.com
BURGLARY
“Every person who enters any:
- house,
- room
- apartment,
- tenement,
- shop,
- warehouse,
- store,
- mill,
- barn,
- stable,
- outhouse or other building,
- tent,
- vessel,
- floating home,
- railroad car,
- locked or sealed cargo container, whether or not mounted on a vehicle
- trailer coach
- any house car
- inhabited camper
- vehicle when the doors are locked
- aircraft
- mine
with the intent to commit grand or petit larceny, or any felony, is guilty of burglary.” (Penal Code Section 459)
Specific Intent Required!
The key word in this code section is intent. To be convicted of this crime you must have that specific intent.
Degrees and Punishment:
There are two degrees of Burglary, First and Second:
(1) First Degree Burglary:
Every burglary of an inhabited dwelling house, vessel which is inhabited and designed for habitation, a floating home, trailer coach or the inhabited portion of any other building.
State Prison for 2, 4 or 6 years
(2) Second Degree Burglary:
All other kinds of burglary are second degree.
State Prison or in the county jail not exceeding 1 year.
Looting (P.C. 463) carries with it the same punishment as Second Degree Burglary except there is a mandatory county jail term of 180 days if you are granted probation.
Burglary with a torch, etc. (P.C. 464)
“Any person who, with the intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or any other similar devise capable of burning through steel, concrete, or any other solid substance, or by use of nitroglycerine, dynamite, gunpowder or any other explosive is guilty of a felony..”
Punishment: State Prison for 3, 5 or 7 years
Other Provisions
There are also other provisions relating to possession of, among other things, lock picks and tension bars, motor vehicle master keys and other tools designed to open machines and motor vehicles. Most of these provisions are punishable up to 1 year in the county jail plus fines and other penalties.
Please note that Burglary statutes are very complex. As such, it is very important that you chose a Lawyer that has the experience to handle such complex situations. If you are charged with such a crime you need to contact the Law Offices of Gregory B. Pike and speak to Mr. Pike immediately to protect your rights.
All initial consultations are free and confidential.
Call from anywhere toll free at (888) 387-1101
Contact us about your legal matter today!
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